192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 3

Grounds

for divorce.

Contents of petition.

778

Dissolution of Marriage.

5.-(1) A husband may present a petition to the court praying that his marriage may be dissolved on the ground that his wife has since the solemnization thereof been guilty of adultery.

(2) A wife may present a petition to the court praying that her marriage may be dissolved on the ground that since the solemnization thereof her husband has been guilty of---

(i) adultery; or

(ii) rape, sodomy or bestiality.

(3) Every such petition shall state, as distinctly as the nature of the case permits. the facts on which the claim to have such marriage dissolved is founded.

Adulterer

to be

made a co-

respondent.

Scope of inquiry by The court. Absence of collusion or condonation.

6-(1) Upon any such petition presented by a husband, the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless he is excused from doing so on one of the following grounds, to be allowed by the court-

(a) that the respondent is leading the life of a prostitute and that the petitioner knows of no person with whom the adultery has been committed;

(b) that the name of the alleged adulterer is unknown to the petitioner, although he has made due efforts to discover it;

(c) that the alleged adulterer is dead.

(2) Upon any such petition presented by a wife the court, if it sees fit, may order the person with whom the husband is alleged to have committed adultery to be made a respondent.

7. Upon any such petition for the dissolution of a marriage the court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to OF conniving at the adultery, or has condoned the same, and shall also inquire into any countercharge which is made against the petitioner,

Dismissal of petition.

8. The court shall dismiss the petition if

(a) it is not satisfied that the petitioner's case has been proved;

(b) it is not satisfied that the alleged adultery has been committed;

(c) it finds that the petitioner has during the marriage been accessory to or conniving at the adultery or has condoned the adultery; or

(d) it finds that the petition is presented or prosecuted in collusion with either the respondent or the co-respondent.