1950_DIVORCE_ORDINANCE — Page 4

HK Historical Laws 香港歷史法例 All AI Reviewed

CAP. 179]

[s. 4 cont.]

Divorce.

(3) Nothing herein shall authorize the court to make any decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage had their usual place of residence in the Colony at the time of the commencement of proceedings.

Grounds for divorce.

Contents of petition.

Adulterer to be made a co-respondent.

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

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-

(a) adultery; or

(b) 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.

(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;

(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 or

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CAP. 179] [s. 4 cont.] Divorce. (3) Nothing herein shall authorize the court to make any decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage had their usual place of residence in the Colony at the time of the commencement of proceedings. Grounds for divorce. Contents of petition. Adulterer to be made a co-respondent. Scope of inquiry by the court. Absence of collusion or condonation. 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- (a) adultery; or (b) 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. 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 or Page 370

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CAP. 179] [s. 4 cont.] Divorce. (3) Nothing herein shall authorize the court to make any 9 of 1933, s. 2. decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage had their usual place of residence in the Colony at the time of the commencement of proceedings. Grounds for divorce. Contents of petition. Adulterer to be made a co- respondent. Scope of inquiry by the court. Absence of collusion or condonation. Dissolution of Marriage. 5. (1) (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- (a) adultery; or (b) 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. 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 or 370

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CAP. 179]

[s. 4 cont.]

Divorce.

(3) Nothing herein shall authorize the court to make any 9 of 1933, s. 2. decree of judicial separation or of restitution of conjugal rights except where the marriage was a Christian marriage or its civil equivalent and where both the parties to the marriage had their usual place of residence in the Colony at the time of the commencement of proceedings.

Grounds

for divorce.

Contents of petition.

Adulterer

to be

made a co- respondent.

Scope of inquiry by the court. Absence of

collusion or condonation.

Dissolution of Marriage.

5. (1)

(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.