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Rule imposing a 30‑day filing limit was void; several Divorce Act provisions were held sex‑discriminatory and unconstitutional.
Constitutional law — Access to Constitutional Court — Limitation by subsidiary legislation (rule 4(1)) incompatible with Article 3(4) — Time‑bar nullified; Family law — Divorce Act provisions (ss.4(1),4(2),5,21,22,23,24,26) discriminatory on basis of sex — Violations of Arts.21,31,33 — Sections declared unconstitutional; Article 273 (saving of existing law) does not oust Constitutional Court’s power to declare pre‑existing laws inconsistent.
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10 March 2004 |