1950_DIVORCE_ORDINANCE — Page 5

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Divorce.

[CAP. 179

conniving at the adultery, or has condoned the same, and shall also inquire into any countercharge which is made against the petitioner.

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.

Dismissal of petition.

petition

granted.

(1) If the court is satisfied that the petitioner's case When has been proved, and does not find that the petitioner has shall be been accessory to or connived at the adultery, or has condoned the 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 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.

relief to

11. In any suit instituted for dissolution of marriage, Grant of if the respondent opposes the relief sought on the ground of respondent, the adultery, cruelty or desertion without reasonable excuse opposed. of the petitioner, the court may in such suit give the

if petition

371

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