Repeal and replace- ment of section 7.
adulterer a co-respondent unless he is excused by the court on special grounds from so doing.
(2) On a petition for dissolution of marriage presented by the wife on the ground of adultery the court may, if it thinks fit, direct that the person with whom the husband is alleged to have committed adul- tery be made a respondent, "*.
6. Section 7 of the principal Ordinance is repealed and replaced by the following section-
"Duty of court on presenta- tion of
petition
7. (1) On a petition for dissolution of marriage it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged and whether for divorce, there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties, and also to inquire into any counter-charge which is made against the petitioner.
(2) If the court is satisfied on the evidence that-- (a) the case for the petition has been proved; and (b) where the ground of the petition is adultery,
the petitioner has not in any manner been accessory to, or connived at, or condoned, the adultery, or, where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and
(c) the petition is not presented or prosecuted in collusion with the respondent or either of the respondents;
the court shall pronounce a decree of dissolution of marriage, but if the court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition:
Provided that the court shall not be bound to pronounce a decree of dissolution of marriage and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty-
(i) of unreasonable delay in presenting or
prosecuting the petition; or
7.
repealed.
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(ii) of cruelty towards the other party to the
marriage; or
(iii) where the ground of the petition is adul- tery or cruelty, of having without reason- able excuse deserted, or having without reasonable excuse wilfully separated him- self or herself from, the other party before the adultery or cruelty complained of; or (iv) where the ground of the petition is adul- tery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsound- ness of mind or desertion.
Sections 8, 9 and 10 of the principal Ordinance are Repeal of
sections 8, 9 and 10,
Section of the principal Ordinance is repealed and Repeal and replaced by the following section-
"Relief to
respon- dent on
dissolution
11. If in any proceedings for dissolution of marriage the respondent opposes the relief sought on petition for the ground of the petitioner's adultery, cruelty or desertion, the court may give to the respondent the same relief to which he or she would have been entitled if he or she had presented a petition seeking such relief.".
of
marriage
replace- ment of section 11.
9. The principal Ordinance is amended by the addition, Addition after section 11, of the following new sections-----
"Divorce proceed- ings after
grant of judicial gepara- tion.
(Cap. 161
of new Nectionn 11A and
11A. (1) A person shall not be prevented from 118. presenting a petition for dissolution of marriage, or the court from pronouncing a decree of dissolution of marriage, by reason only that the petitioner has at any time been granted a judicial separation or an order under the Separation and Maintenance Orders Ordin- ance upon the same or substantially the same facts as those proved in support of the petition for dissolution of marriage.
(2) On any such petition for dissolution of marriage, the court may treat the decree of judicial
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