Clause 95

A decree nisi for divorce or for nullity of marriage may be made absolute after the expiration of such time, not less than three months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.

During that period any party may, in such manner as is prescribed or as is directed by the court in any suit, show cause why the decree nisi should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court.

At any time during the progress of the suit or before the decree is made absolute any person may give information to the State Advocate-General of any matter material to the due decision of the case or affecting the jurisdiction of the court, who may thereupon take such steps as he deems necessary or expedient.

If from any such information or otherwise the State Advocate-General suspects that any parties to the suit are or have been acting in collusion for the purpose of obtaining a decree of divorce or of nullity of marriage contrary to the justice of the case, or that material facts have not been brought before the court, he may intervene in the suit and show cause why the decree nisi should not be made absolute.

On cause being so shown, the court shall make the decree absolute, or reverse the decree nisi, or require further inquiry or otherwise deal with the case as justice demands.

The court may order the costs arising from such cause being shown and from such intervention, including the costs of the State Advocate-General, to be paid by the parties or such one or more of them, including a wife if she has separate property, as it thinks fit.

Where a decree nisi has been obtained, and no application for the decree to be made absolute has been made by the party who obtained the decree, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court shall, on such application, have power to make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit.