Matrimonial jurisdiction of High Court Division to be exercised subject to Act Exception4. The jurisdiction now exercised by the High Court Division in respect of divorce a mensa et toro, and in all other causes, suits and matters matrimonial, shall be exercised by such Courts and by the District Courts subject to the provisions in this Act contained, and not otherwise: except so far as relates to the granting of marriage-licenses, which may be granted as if this Act had not been passed.
[Omitted]5. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
[Omitted]6. [Omitted by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).]
Court to act on principles of English Divorce Court7. Subject to the provisions contained in this Act, the High Court Division and District Courts shall, in all suits and proceedings hereunder, act and give relief on principles and rules which, in the opinion of the said Courts, are as nearly as may be conformable to the principles and rules on which the Court for Divorce and Matrimonial Causes in England for the time being acts and gives relief:
Provided that nothing in this section shall deprive the said Courts of jurisdiction in a case where the parties to a marriage professed the Christian religion at the time of the occurrence of the facts on which the claim to relief is founded.
Extraordinary jurisdiction of High Court Division8. The High Court Division may, whenever it thinks fit, remove and try and determine as a Court of original jurisdiction any suit or proceeding instituted under this Act in the Court of any District Judge within the limits of its jurisdiction under the Act.
Power to transfer suitsThe High Court Division may also withdraw any such suit or proceeding, and transfer it for trial or disposal to the Court of any other such District Judge.
Reference to High Court Division9. When any question of law or usage having the force of law arises at any point in the proceedings, previous to the hearing of any suit under this Act by a District Court or at any subsequent stage of such suit, or in the execution of the decree therein or order thereon,
the Court may, either of its own motion or on the application of any of the parties, draw up a statement of the case and refer it, with the Court’s own opinion thereon, to the decision of the High Court Division.
If the question has arisen previous to or in the hearing, the District Court may either stay such proceedings, or proceed in the case pending such reference and pass a decree contingent upon the opinion of the High Court Division upon it.
If a decree or order has been made, its execution shall be stayed until the receipt of the order of the High Court Division upon such reference.