Smile aende kwenye kata anayokaa aonane na kiongoozi wa kata anayokaa amweleze tatizo lake maana hizi Board zipo na zinatakiwa kufanya kazi ya usuluhishi wa ndoa. Angalia sheria inasemaje hapa
102. Conciliation Boards Act No. 9 of 1996 (1)
The Minister shall establish in every ward a Board to be known as a Marriage Conciliation Board and may, if he considers it desirable so to do, establish two or more such Boards in any ward.
(2) Where the Minister is satisfied that any community in Tanzania has established for itself a committee or a body of persons to perform the functions of a Marriage Conciliation Board and that it is desirable that such committee or body of persons be designated to be the Board having jurisdiction over the members of that community, the Minister may so designate such committee or body of persons.
. Composition and jurisdiction of Boards
(1) Every Board shall consist of a Chairman and not less than two and not more than five other members.
(2) The Board having jurisdiction for the purposes of this Act shall be– (a) the Board or any one of the Boards established for the ward within which the husband or intended husband resides, or, where the husband or intended husband is not resident in Tanzania, the Board established for the ward within which the wife or the intended wife resides;
(b) where both parties belong to the same community, the Board, if any, designated to be the Board for that community
Proceedings of Boards
(1) A Board to which a matrimonial dispute or matter has been referred shall require the attendance of the parties and shall give each of them an opportunity of being heard and may hear such other persons and make such inquiries as it may think fit and may, if it considers it necessary, adjourn the proceeding from time to time.
(2) Where a Board is of the opinion that it is necessary for it to require the attendance of any person before it, it may by notice in writing require such person to attend before the Board on the date and at the time and place specified in such notice.
(3) Where a person on whom a notice under subsection (2) is served fails to comply with such notice, the Board may apply to a primary court or a district court for a summons to be issued to such person to appear before the Board on the date and at the time and place specified in such summons.
(4) Every summons issued under subsection (3) shall be in the same form and shall have the same effect as a summons issued by a court requiring the attendance of a witness in any suit, and any non-compliance with such summons shall constitute a contempt of court and be punishable accordingly.
(5) If the Board is unable to resolve the matrimonial dispute or matter referred to it to the satisfaction of the parties, it shall issue a certificate setting out its findings.
(6) A Board may append to its certificate such recommendations relevant to the matter or dispute referred to it as it may think fit.
(7) The proceedings of a Board shall not be invalid by reason only of the fact that it did not have jurisdiction under subsection (2) of section 103.
(8) No advocate shall appear or act for any party in any proceeding before a Board and no party shall be represented by any person other than a member of his or her family, without leave of the Board.
(9) Subject to the provisions of this section and any rules made in that behalf under this Act, every Board shall regulate its own procedure.
(f) Petitions and Determination
Parties to petitions
(1) No person shall be made a co-respondent to a petition for a decree of separation.
(2) Where a petition for a decree of divorce includes an allegation of adultery on the part of the respondent, the petitioner, may, and if so directed by the court shall, make the person with whom the adultery is alleged to have been committed a co-respondent
Contents of petitions
(1) Every petition for a decree of separation or divorce shall contain–
(a) particulars of the marriage between the parties and the names, ages and sex of the children, if any, of the marriage;
(b) particulars of the facts giving the court jurisdiction;
(c) particulars of any previous matrimonial proceedings between the parties;
(d) a statement of the principal allegations which it will be sought to prove as evidence of the breakdown of the marriage;
(e) where the petitioner has been guilty of any marital misconduct, an admission of such misconduct;
(f) the terms of any agreement regarding maintenance or the division of any assets acquired through the joint efforts of the parties or, where no such agreement has been reached, the petitioner's proposals;
and (g) particulars of the relief sought.
(2) Every petition for a decree of divorce shall be accompanied by a certificate by a Board, issued not more than six months before the filing of the petition in accordance with subsection (5) of section 104: Provided that such certificate shall not be required in cases to which the proviso to section 101 applies.
(3) A petition for a decree of divorce which includes an allegation of adultery may include a prayer that the co-respondent be condemned in damages in respect of the alleged adultery: Provided that a prayer for damages for adultery shall not be included in a petition for divorce if damages for the alleged adultery have already been claimed in a suit brought under section 72
107. Evidence that marriage has broken down
(1) In deciding whether or not a marriage has broken down, the court shall have regard to all relevant evidence regarding the conduct and circumstances of the parties and, in particular–
(a) shall, unless the court for any special reason otherwise directs, refuse to grant a decree where a petition is founded exclusively on the petitioner's own wrongdoing; and
(b) shall have regard to the custom of the community to which the parties belong.
(2) Without prejudice to the generality of subsection (1), the court may accept any one or more of the following matters as evidence that a marriage has broken down but proof of any such matter shall not entitle a party as of right to a decree–
(a) adultery committed by the respondent, particularly when more than one act of adultery has been committed or when adulterous association is continued despite protest;
(b) sexual perversion on the part of the respondent;
(c) cruelty, whether mental or physical, inflicted by the respondent on the petitioner or on the children, if any, of the marriage; (d) wilful neglect on the part of the respondent;
(e) desertion of the petitioner by the respondent for at least three years, where the court is satisfied that it is wilful;
(f) voluntary separation or separation by decree of the court, where it has continued for at least three years;
(g) imprisonment of the respondent for life or for a term of not less than five years, regard being had both to the length of the sentence and to the nature of the offence for which it was imposed;
(h) mental illness of the respondent, where at least two doctors, one of whom is qualified or experienced in psychiatry, have certified that they entertain no hope of cure or recovery;
(i) change of religion by the respondent, where both parties followed the same faith at the time of the marriage and where according to the laws of that faith a change of religion dissolves or is a ground for the dissolution of marriage.
(3) Where it is proved to the satisfaction of the court that–
(a) the parties were married in Islamic form;
(b) a Board has certified that it has failed to reconcile the parties; and
(c) subsequent to the granting by the Board of a certificate that it has failed to reconcile the parties, either of them has done any act or thing which would, but for the provisions of this Act, have dissolved the marriage in accordance with the Islamic law, the court shall make a finding that the marriage has irreparably broken down and proceed to grant a decree of divorce.
(4) When hearing a petition for a decree of divorce, the court may admit and found its decisions, wholly or partly, on evidence which is substantially the same as that on which a decree of separation has previously been granted
. Duties of court on petition for separation or divorce
It shall be the duty of a court hearing a petition for a decree of separation or divorce–
(a) to inquire, so far as it reasonably can, into the facts alleged and to consider whether those facts, or such of them as are proved, show that the marriage has broken down;
(b) to inquire into the arrangements made or proposed as regards maintenance and the division of any matrimonial property and to satisfy itself that such arrangements are reasonable;
(c) to inquire into the arrangements made or proposed as regards the maintenance and custody of the infant children, if any, of the marriage and to satisfy itself that such arrangements are in the best interests of the children;
and (d) in the case of a petition for divorce, where the court is satisfied that the marriage has broken down, to consider whether the breakdown of the marriage is irreparable
. Power of court on claim to damages for adultery
(1) Where, in a petition for divorce, damages for adultery have been claimed against a co-respondent–
(a) if, after the close of the evidence for the petitioner, the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requiring him or her to reply, the co-respondent shall be discharged from the proceedings;
or (b) if, at the conclusion of the hearing, the court is satisfied that adultery between the respondent and the co-respondent has been proved, the court may award the petitioner damages against the co-respondent.
(2) The provisions of section 74 shall apply to the assessment of damages awarded under this section.
(3) The court may award damages against a co-respondent under this section notwithstanding that the petition is, as against the respondent, dismissed or adjourned.
(4) The court shall have power, when awarding damages under this section, to direct that such damages, or any part of them, be vested in trustees upon trust to apply the income thereof for the benefit of the infant children, if any, of the marriage or, where the petitioner is required to pay maintenance to the respondent, in or towards the payment of that maintenance, and subject thereto in trust for the petitioner
. Power of court to grant decree of separation or divorce
(1) At the conclusion of the hearing of a petition for separation or divorce, the court may–
(a) if satisfied that the marriage has broken down and, where the petition is for divorce, that the break down is irreparable, grant a decree of separation or divorce, as the case may be, together with any ancillary relief;
or (b) if not so satisfied, dismiss the petition, and where there is a cross-petition or cross-prayer the court may if satisfied as aforesaid, grant a decree on the petition or on the cross-petition or cross-prayer as it may deem fit with any ancillary relief to either party or, if not so satisfied, dismiss both the petition and the cross-petition or cross-prayer.
(2) Where the petition or the cross-petition or cross-prayer, if any, is for a decree of divorce, the court may adjourn the proceedings for such period, not exceeding six months, as the court may think fit, for further inquiries or further attempts at reconciliation to be made and may direct that inquiries or attempts be made by a Board.
(3) Where a decree of separation or divorce is granted, it shall include provision for the maintenance and custody of the infant children, if any, of the marriage: Provided that the court may grant a decree which includes an interim order as to custody, reserving its final order pending further inquiries as to the most satisfactory arrangements that can be made.