Section 38. Jurisdiction relating to proceeding by wife whose husband is not a resident or a domicil in this State. (ISLAMIC FAMILY ENACTMENT 1979

ENACTMENT No. 1 Of 1984
ISLAMIC FAMILY ENACTMENT 1979

PART V - DISSOLUTION OF MARRIAGE

Section 38. Jurisdiction relating to proceeding by wife whose husband is not a resident or a domicil in this State.

(l) Notwithstanding any provision contrary to section 37 (b) the Court shall have jurisdiction to entertain an application by a wife under this Part even though the husband is not a resident or domicil of this State if-

(a) the wife has been deserted by the husband or if the husband has been banished from the State under the provision of any law in force relating to such banishment and who prior to the desertion or banishment was a resident or a domicil of this State; or

(b) the wife is a resident of this State she has been a residing in this State for a period of six months at any time prior to the filing of the application.

(2) In this section reference to banishment shall include a deportation under the written law in force in this State.