Women’s Charter 1961 · s 100A

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—(1) This section applies where —(a)the court has granted an interim judgment of divorce; and(b)the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).(2) The court may rescind the interim judgment if —(a)the court is satisfied that —(i)the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and(ii)Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and(b)Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.
This section applies where —(a)the court has granted an interim judgment of divorce; and(b)the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).
The court may rescind the interim judgment if —(a)the court is satisfied that —(i)the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and(ii)Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and(b)Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.

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s 100ARescission of interim judgment in certain circumstances where one party misled by other party

(1)

This section applies where —

(a)

the court has granted an interim judgment of divorce; and

(b)

the interim judgment is given only on the ground that the marriage has irretrievably broken down under the circumstances mentioned in section 95A(1)(d) or (f) (and under no other circumstances).

(2)

The court may rescind the interim judgment if —

(a)

the court is satisfied that —

(i)

the party who applied for divorce (X) misled (whether intentionally or not) the other party (Y) about any matter; and

(ii)

Y took that matter into account in consenting to the grant of the divorce or agreeing that the marriage has irretrievably broken down, as the case may be; and

(b)

Y has applied for rescission of the interim judgment at any time before the interim judgment is made final.