(35 of 1960).
Restriction
on petitions within three years of INATTÊR EC.
1965. c. 72, 3. 2.
Divorce not
previous
(3) For the purposes of sub-paragraph (iv) of paragraph (c) of subsection (1), a person of unsound mind shall be deemed to be under care and treatment while, and only while-
(a) he is liable to be detained in a mental hospital under the
Mental Health Ordinance 1960,
(6) he is receiving treatment as a voluntary patient under the
Mental Health Ordinance 1960;
(c) he is receiving treatment for mental illness as a resident in a hospital or other institution in any other country, being a hospital or institution in which his treatment is comparable with the treatment provided in a mental hospital under the Mental Health Ordinance 1960;
and, in determining for the purposes of sub-paragraph (iv) of paragraph (a) of subsection (1) whether any period of care and treatment has been continuous, any interruption of the period for twenty-eight days or less shall be disregarded.
(4) A certificate by or on behalf of a Secretary of State that a person was receiving treatment for mental illness during any period as à resident in any naval, military or air force hospital under the direc- tion of the Defence Council shall for the purposes of paragraph (c) of subsection (3) be conclusive evidence of the facts certified.
12. (1) Subject to subsection (2), no petition for divorce sball be presented to the court before the expiration of the period of three years from the date of the marriage (hereafter in this section referred to as "the specified period"").
(2) A judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent; but in determining the application the judge shall have regard to the interests of any relevant child and to the question whether there is reasonable probability of a reconciliation between the parties during the specified period.
(3) Nothing in this section shall be deemed to probibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
13. (1) A person shall not be prevented from presenting a precluded by petition for divorce, or the court from granting a decree of divorce, by reason only that the petitioner has at any time, on the same facts or substantially the same facts as those proved in support of the petition, been granted a decree of judicial separation or an order under, or having effect as if made under, the Separation and Maintenance Orders Ordinance.
judicial Берагають.
1965, c. 72, #. 3. (Cap. 16).
7
(2) On a petition for divorce in such a case as is mentioned in subsection (1), the court may treat the decree of judicial separation or the said order as sufficient proof of the adultery, desertion or other ground on which it was granted, but shall not grant a decree of divorce without receiving evidence from the petitioner.
(3) For the purposes of a petition for divorce in such a case, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation or for such an order as aforesaid having the effect of a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree or order has been con- tinuously in force since it was granted, be deemed immediately to precede the presentation of the petition.
as a party.
14. (1) On a petition for divorce presented by the husband on Alleged the ground of adultery, or in the answer of a husband praying for adulterer divorce on that ground, the husband shall make the alleged adulterer 1965, c. 72. a co-respondent unless excused by the court on special grounds from s. 4. doing so.
(2) On a petition for divorce presented by the wife on the ground of adultery the court may, if it thinks fit, direct that the alleged adulteress be made a respondent.
(3) Where an alleged adulterer is made a co-respondent on such a petition as is mentioned in subsection (1) or an alleged adulteress is made a respondent on such a petition as is mentioned in subsection (2), the court may, after the close of the evidence on the part of the petitioner, direct that the co-respondent or, as the case may be, the respondent be dismissed from the suit if the court is of opinion that there is not sufficient evidence against him or her.
15. (1) On a petition for divorce it shall be the duty of the Hearing of court-
petition.
1965, c. 72, (a) to inquire, so far as it reasonably can, into the facts alleged s. 5. and whether there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties; and
(b) to inquire into any countercharge made against the petitioner.
(2) Provision may be made by rules for enabling the court, on application made either before or after the presentation of the petition, to take into consideration for the purposes of this section any agreement or arrangement made or proposed to be made between the parties and to give such directions in the matter as the court thinks fit; but nothing in this subsection affects any duty of the parties to disclose to the court any agreement or arrangement made between the parties in contemplation of or in connexion with the proceedings.