Section 114 Matrimonial Causes Act 1970

Section 114 of the Matrimonial Causes Act 1970 is about Interpretation. It provides as follows:

(1) In this Act unless the contrary intention appears- “adopted”, in relation to a child, means adopted under the law of any place (whether in or out of Nigeria) relating to the adoption of children; “appeal” includes an application for a rehearing; “court” or “the court”, in relation to any proceedings, means the court and includes the High court of the Federal Capital Territory, Abuja exercising jurisdiction in those proceedings by virtue of this Act; “court of summary jurisdiction” means a magistrate’s court or district court; “crime” means an offence punishable by imprisonment; “cross-petition” includes an answer in which the respondent to a petition seeks a decree or declaration of a kind referred to in paragraph (a) or (b) of the definition of “matrimonial cause” of this subsection; “decree” (not being an Act having effect as an enactment made by the Federal Government) includes a decree absolute or decree nisi, a judgment, and any order dismissing a petition or application or refusing to make a decree or order; “marriage conciliator” means a person authorised to endeavour to effect marital reconciliations or a person nominated by a judge, in pursuance of section 11 of this Act, to endeavour to effect a reconciliation; “matrimonial cause” means-
(a) proceedings for a decree of – (i) dissolution of marriage; (ii) nullity of marriage; (iii) judicial separation; (iv) restitution of conjugal rights; or (v) jactitation of marriage;

(b) proceedings for a declaration of the validity of the dissolution or annulment of a marriage by decree or otherwise or of a decree of judicial separation, or for a declaration of the continued operation of a decree of judicial separation, or for an order discharging a decree of judicial separation;

(c) proceedings with respect to the maintenance of a party to the proceedings, settlements, damages in respect of adultery, the custody or guardianship of infant children of the marriage or the maintenance, welfare, advancement or education of children of the marriage, being proceedings in relation to concurrent, pending or completed proceedings of a kind referred to in paragraph (a) or (b) of this subsection, including proceedings of such a kind pending at, or completed before, the commencement of this Act;

(d) any other proceedings (including proceedings with respect to the enforcement of a decree, the service of process or costs) in relation to concurrent, pending or completed proceedings of a kind referred to in paragraph (a), (b) or (c) of this subsection, including proceedings of such a kind pending at, or completed before, the commencement of this Act; or

(e) proceedings seeking leave to institute proceedings for a decree of dissolution of marriage or of judicial separation, or proceedings in relation to proceedings seeking such leave; “petition” includes a cross-petition; “petitioner” includes a cross-petitioner; “proceedings” includes cross-proceedings; “respondent” includes a petitioner against whom there is a cross-petition; “State” means a State of the Federation; “welfare officer” means a person authorised by the Attorney-General of the Federation by instrument in writing to perform duties as a welfare officer for the purposes of this Act, being- (a) a person who is permanently or temporarily employed in the public service of the Federation; or (b) a person who is Permanently or temporarily employed in the public service of a State and whose services have been made available for the purposes of this Act in pursuance of an arrangement between the Federation and the State; or (c) a person nominated by an organisation undertaking child welfare activities.

(2) A reference in this Act to a court having jurisdiction under this Act or exercising jurisdiction under this Act shall be deemed not to include a reference to a court having jurisdiction under this Act or exercising jurisdiction under this Act by virtue only of section 91 or 92 of this Act or the Third Schedule to this Act.

(3) In this Act, “this Division” occurring in a group of sections under an italicised cross-heading means that group of sections.

(4) For the purposes of this Act, the date of a petition shall be taken to be the date on which the petition was filed in a court having jurisdiction under this Act.

(5) For the purposes of this Act, a person shall be deemed to have been convicted of an offence if he has been convicted of that offence otherwise than by a court in its exercise of summary jurisdiction or on appeal from such a court.

(6) Nothing in this Act shall have effect in relation to a marriage which is not a monogamous marriage or which is entered into in accordance with Muslim rites or with any customary law in force in Nigeria.

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