Section 102 Matrimonial Causes Act 1970

Section 102 of the Matrimonial Causes Act 1970 is about Decrees of restitution of conjugal rights under previous law. It provides as follows:

(1) Subject to this section, section 15(2) (g) of this Act shall be deemed to apply in relation to the decree of restitution of conjugal rights made by a court in Nigeria before the commencement of this Act in like manner as it applies in relation to decrees made under this Act.

(2) Where there has been, whether before or after the commencement of this Act, a failure to comply with a decree referred to in subsection (1) of this section made before the commencement of this Act and that failure enabled, or would, if this Act had not been made, have enabled, the party in whose favour the decree of restitution of conjugal rights was made to institute proceedings for dissolution of marriage forthwith upon that failure, proceedings for dissolution of marriage may be instituted by that party under this Act as if the words “for a period of not less than one year” were omitted from the said section 15(2) (g) and as if section 30 of this Act had no application to proceedings on the ground specified in that paragraph.

(3) For the purposes of proceedings brought by virtue of this section (other than proceedings under subsection (2) of this section), the requirements of a decree of restitution of conjugal rights made before the commencement of this Act shall, notwithstanding that any time limited by law for compliance with those requirements has expired, be deemed to have continued so long as the decree did not, by order of a competent court, cease to have effect.

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