Amendment of section 13.
Proof of ground for petition. ef. 1969 c. 55,
.. 2007.
1969 . $3, * 200.
1969 2. SUT.
* 203).
2
114. (1) The court hearing a petition for divorce shall not bold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts-
(a) that the respondent has committed adulterly and the petitioner finds it intolerable to live with the respondent;
(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent;
(c) that the respondent has deserted the peri- tioner for a continuous period of at least two years immediately preceding the presen- tation of the petition;
(d) that the parties to the marriage have lived apart for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to a decree being granted;
(e) that the parties to the marriage have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition.
(2) For the purposes of subsection (1)(c), the court may treat a period of desertion as having con- tinued at a time when the deserting party was inca- pable of continuing the necessary intention if the evidence before the court is such that, had that party not been so incapable, the court would have inferred that his desertion continued at that time.
(3) For the purposes of this Part, a husband and wife shall be treated as living apart unless they are living with each other in the same household.".
4.
Section 13 of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "petitioner" the
following-
"or respondent"; and
(b) in subsection (2) by deleting "adultery, desertion or
other".
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5. Section 14 of the principal Ordinance is amended- (a) in subsection (1), by deleting "on the ground of adultery, or in the answer of a busband praying for divorce on that ground" and substituting the following-
"in which adultery is alleged, or in the answer of the husband praying for divorce and alleging adul- tery":
(b) in subsection (2), by deleting “on the ground of adultery”
and substituting the following-
in which adultery is alleged”.
6. Section 15 of the principal Ordinance is repealed and replaced by the following new section-
"Hearing of petition. 1989 -- $5.
1989 2. 15, 12031
1. SUN.
1965, 72.
1. 5(6)
15. (1) On a petition for divorce, it shall be the duly of the court to inquire, so far as it reasonably can, into the facts alleged by the petitioner and into any facts alleged by the respondent.
(2) If the court is satisfied on the evidence of any such fact as is mentioned in section 11A(1), then unless it is satisfled on all the evidence that the marriage has not broken down irretrievably, it shall, subject to subsection (3) of this section, grant a decree nisi of divorce.
(3) If it appears to the court, at the bearing of a petition for divorce presented in pursuance of leave granted under section 12(2), that the leave was obtained by the petitioner by any misrepresentation or concealment of the nature of the case, the court may- (4) 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.
(4) If in any proceedings for divorce the respond. ent alleges against the petitioner and proves any such fact as is mentioned in section 11A(1), the court may give to the respondent the relief to which the respond- ent would have been entitled if the respondent had presented a petition seeking that relief.
Amendment of section 14.
Repeal and replacement of section 15.
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