CAP. 179]

Divorce.

8. That on the said day of when the said ceremony of marriage took place between your petitioner and the said A. B., the said A. B. was and for some time prior thereto had been of unsound mind and incapable of contracting marriage.

9. That the performance of the said ceremony of marriage was procured by the fraud and contrivance of the said A. B.


10. That prior to the said day of when the said ceremony of marriage took place between your petitioner and the said A. B., that is to say on the day of at the said A. B. was lawfully married to R. B., then R. S., spinster (or widow as the case may be) of (give place of residence) and that when the said ceremony of marriage took place between your petitioner and the said A. B., the said R. B., the wife of the said A. B., was still living.

11. That there is no collusion or connivance between her and the said A. B. with respect to the subject of this suit.

Your Petitioner therefore humbly prays that this Honourable Court will declare that the said marriage is null and void, and that your Petitioner may have such further and other relief as to this Honourable Court may seem fit.

(Affidavit as in Form 2).

(Signed) C. B.

FORM 11.

ANSWERS TO PETITIONS FOR NULLITY.

(General Heading as in Form 9).

1. Denial that the ceremony of marriage took place in the Colony and denial that it purported to be a Christian marriage (or the civil equivalent of a Christian marriage).

The respondent A. B., in person (or by his solicitor), in answer to the petition filed in this cause, saith-

2. That on the day of at the said marriage took place, and it was a valid marriage.

3. That he denies that the said C. D. is related to him as alleged (state facts disproving the alleged relationship).

4. That he denies each and every one of the allegations contained in paragraphs 5, 6 and 9 of the said petition.

5. That the petitioner did consummate the said marriage and that the respondent was at the time of the said marriage, and thence hitherto hath been and still is, apt for coition, as will appear on inspection.

6. That the respondent always has been, and still is, willing to consummate the said marriage, but has been hitherto prevented from doing so by reason of the malformation, etc., of the petitioner.

390

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