The competent court in accordance with section 47 of the Matrimonial Causes Act 1973 shall not be precluded from granting matrimonial relief or making a declaration concerning the validity of a marriage by reason only that the marriage in question was entered under a law which permits polygamy.
Matrimonial relief as per section 47 entail;
- Any decree under Part I of the Matrimonial Causes Act 1973,
- A financial provision order per section 27 of the Act,
- An order made per section 35 of the Act altering a maintenance agreement,
- An order under any provision of the Act which confers a power exercisable in connection with, or in connection with proceedings for, any such decree or order as mentioned in paragraphs (a) to (c) above,
A declaration concerning the validity of the marriage as per section 47 means;
- A declaration that a marriage is valid or invalid, and
- Any other declaration involving a determination as to the validity of a marriage,
Being a declaration in a decree granted under section 45 of the Act or a declaration made in the exercise by the High Court of its jurisdiction to grant declaratory relief in any proceedings notwithstanding that a declaration is the only substantive relief sought in those proceedings.
Section 47 has an effect whether or not either party to the marriage in question has for the time being any spouse additional to the other party, and provision may be made by rules of court;
- For requiring notice of proceedings brought by virtue of this section to be served on any such other spouse, and
- For conferring on any such other spouse the right to be heard in any such proceedings,
In such cases as may be prescribed by the rules.