Section 75 Matrimonial Causes Act 1970

Section 75 of the Matrimonial Causes Act 1970 is about Power of court to make orders on dismissal of petition. It provides as follows:

(1) Save as provided by this section, the court shall not make an order under this Part of this Act where the petition for the principal relief has been dismissed.

(2) Where-
(a) the petition for the principal relief has been dismissed after a hearing on the merits; and

(b) the court is satisfied that- (i) the proceedings for the principal relief were instituted in good faith to obtain that relief, and (ii) there is no reasonable likelihood of the parties becoming reconciled, the court may, if it considers that it is desirable to do so, make an order under this Part of this Act, other than an order under section 72 of this Act.

(3) The court shall not make an order by virtue of subsection (2) of this section unless it has heard the proceedings for the order at the same time as, or immediately after, the proceedings for the principal relief.

(4) In this section, “principal relief” means relief of a kind referred to in paragraph (a) or (b) of the definition of “matrimonial cause” in section 114(1) of this Act.

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