PART IMatrimonial Proceedings in Magistrates' Courts

Provisions relating to procedure, jurisdiction and enforcement

31Constitution of courts

1

Where the hearing of an application under section 1 of this Act is adjourned after the court has decided that it is satisfied of any ground mentioned in that section, the court which resumes the hearing of that application may include justices who were not sitting when the hearing began if—

a

the parties to the proceedings agree ; and

b

at least one of the justices composing the court which resumes the hearing was sitting when the hearing of the application began.

2

Where, by virtue of subsection (1) above, among the justices composing the court which resumes the hearing of an application under section 1 of this Act there are any justices who were not sitting when the hearing of the application began, the court which resumes the hearing shall before making any order on the application make such inquiry into the facts and circumstances of the case as will enable the justices who were not sitting when the hearing began to be fully acquainted with those facts and circumstances.