(3) If the court is satisfied on the evidence that the case for the petition has been proved and—
(a) where the ground of the petition is adultery, that the petitioner has not in any manner been accessory to or connived at or condoned the adultery; or
(6) where the ground of the petition is cruelty, that the petitioner
bas nol in any manner condoned the cruelty,
the court shall, subject to subsections (4) and (5), grant a decree of divorce; and if the court is not satisfied with respect to any of the matters aforesaid, it shall dismiss the petition.
(4) The court may dismiss a petition for divorce if-
(a) it finds that the petition is presented or prosecuted in collusion
with the respondent or either of the respondents; or
(6) it finds that the petitioner has during the marriage been guilty
of adultery; or
(c) in its opinion the petitioner has been guilty-
(i) of unreasonable delay in presenting or prosecuting the petition; or
(ii) of cruelty towards the other party to the marriage; or (iii) where the ground of the petition is adultery or cruelty, of having without reasonable excuse either deserted or wilfully separated himself or herself from the other party before the adultery or cruelty; or
(iv) where the ground of the petition is adultery or un- soundness of mind or desertion, of such wilful neglect or misconduct as conduced to the adultery or unsoundness of mind or desertion.
(5) If it appears to the court, at the hearing of a petition for divorce presented in pursuance of leave granted under subsection (2) of section 12. that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court
Inay
(a) dismiss the petition, without prejudice to any petition which may be brought after the expiration of the period of three years from the date of the marriage upon the same facts, or substantially the same facts, as those proved in support of the dismissed petition; or
(b) if it grants a decree, direct that no application to make the
decree absolute shall be made during that period,
(6) If in any proceedings for divorce the respondent opposes the relief sought on the ground of the petitioner's adultery, cruelty or desertion, the court may give to the respondent the relief to which the
respondent would have been entitled if the respondent had presented a petition seeking that relief,
(7) Every decree of divorce shall in the first instance be a decree mit and shall not be made absolute before the expiration of three months from its grant unless the Chief Justice by general order from time to time, or the court in any particular case, fixes a shorter period.
Intervention
of tho
16, (1) In the case of a petition for divorce- (a) the court may, if it thinks fit, direct all necessary papers Proctor.
in the matter to be sent to the Proctor, who shall instruct 1963, c. 72. counsel to argue before the court any question in relation §. 6. to the matter which the court deems it necessary or expedient to have fully argued;
(b) any person may at any time during the progress of the proceedings or before the decree nist is made absolute give information to the Proctor on any matter material to the due decision of the case, and the Proctor may thereupon tako such steps as he considers necessary or expedient:
(c) if in consequence of any such information or otherwise the Proctor considers that any parties to the petition are or have been acting in collusion for the purpose of obtaining a decree contrary to the justice of the case, he may, after obtaining the leave of the court, intervene and retain counsel and subpoena witnesses to prove the alleged collusion.
(2) Where the Proctor intervenes or shows cause against a decree mist in any proceedings for divorce, the court may make such order as may be just as to the payment by other parties to the proceedings of the costs incurred by him in so doing or as to the payment by hùn of any costs incurred by any of those parties by reason of his so doing.
after decree
17. (1) Where a decree nisi of divorce has been granted but not Proceedings made absolute, then, without prejudice to section 16, any person aid. (excluding a party to the proceedings other than the Proctor) may show 1963, c. 72, cause why the decree should not be made absolute either by reason & 7. of its having been obtained by collusion or by reason of material facts not having been brought before the court; and in such a case the court may-
(a) notwithstanding anything in subsection (7) of section 15, make
the decree absolute; or
(5) rescind the decree wisi; or
(c) require further inquiry; or
(4) otherwise deal with the case as it thinks it.
(2) Where a decrce nisi of divorce has been granted and no application for it to be made absolute has been made by the party
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