192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 4

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shall be

9.--(1) If the court is satisfied that the petitioner's case When has been proved, and does not find that the petitioner has been petition accessory to or connived at the adultery, or has condoned the granted. adultery, or that the petition is presented or prosecuted in collusion, the court shall pronounce a decree nisi for the dissolution of the marriage.

(2) The court shall not be bound to pronounce such Proviso. decree if it finds that the petitioner has during the marriage been guilty

(a) of adultery;

(b) of unreasonable delay in presenting or prosecuting the petition;

(c) of cruelty to the respondent;

(d) of having, without reasonable excuse, deserted or wilfully separated himself or herself from the respondent before the adultery complained of; or

(e) of such wilful neglect of or misconduct towards the respondent as has conduced to the adultery.

of adultery.

10. No adultery shall be deemed to have been condoned Condonation within the meaning of this Ordinance unless conjugal cohabitation has been continued or resumed.

respondent,

11. In any suit instituted for dissolution of marriage, Grant of if the respondent opposes the relief sought on the ground of relief to the adultery, cruelty or desertion without reasonable excuse if petition of the petitioner, the court may in such suit give the opposed. respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief.

Nullity of Marriage.

12. A husband or wife may present a petition to the Petition court praying that his or her marriage may be declared null and void.

for nullity of marriage.

13. Such decree may be made on any of the following Grounds grounds:

(a) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(b) that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal;

(c) that either party was a lunatic or idiot at the time of the marriage;

(d) that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force;

(c) that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England;

(f) that the marriage is invalid by the law of the Colony.

of decree.

14. if the court finds that the petitioner's case has been Decree of

proved, it shall pronounce a decree nisi declaring the marriage nullity.

to be null and void.