1983 Ed.]
Matrimonial Causes
[CAP. 179
12. (1) Subject to subsection (2), no petition for divorce shall be presented to the court before the expiration of the period of 3 years from the date of the marriage (hereafter in this section referred to as "the specified period”).
(2) A judge of the court may, on an application made to him, allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent; but in determining the application the judge shall have regard to the interests of any child of the family within the meaning of section 2 of the Matrimonial Proceedings and Property Ordinance and to the question whether there is reasonable probability of a reconciliation between the parties during the specified period. (Amended, 39 of 1972, s. 33)
(3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
13. (1) A person shall not be prevented from presenting a petition for divorce, or the court from granting a decree of divorce, by reason only that the petitioner or respondent has at any time, on the same facts or substantially the same facts as those proved in support of the petition, been granted a decree of judicial separation, or an order under, or having effect as if made under, the Separation and Maintenance Orders Ordinance. (Amended, 33 of 1972, s. 4)
(2) On a petition for divorce in such a case as is mentioned in subsection (1), the court may treat the decree of judicial separation or the said order as sufficient proof of the ground on which it was granted, but shall not grant a decree of divorce without receiving evidence from the petitioner. (Amended, 33 of 1972, s. 4)
(3) For the purposes of a petition for divorce in such a case, a period of desertion immediately preceding the institution of proceedings for a decree of judicial separation or for such an order as aforesaid having the effect of a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition.
14. (1) On a petition for divorce presented by the husband in which adultery is alleged, or in the answer of the husband praying for divorce and alleging adultery, the husband shall make the alleged adulterer a co-respondent unless excused by the court on special grounds from doing so. (Amended, 33 of 1972, s. 5)
(2) On a petition for divorce presented by the wife in which adultery is alleged the court may, if it thinks fit, direct that the alleged adulteress be made a respondent. (Amended, 33 of 1972, s. 5)
Restriction on petitions within three years of marriage.
1465
1970 c 45. « 35.
Cap. 192.1
Divorce not precluded by previous judicial separation.
* 180
Alleged adulterer as a party. 1965 c. 72. s. 4
Page 10
Page 11
1983 Ed.]
Matrimonial Causes
[CAP. 179
12. (1) Subject to subsection (2), no petition for divorce shall be presented to the court before the expiration of the period of 3 years from the date of the marriage (hereafter in this section referred to as "the specified period”).
(2) A judge of the court may, on an application made to him. allow the presentation of a petition for divorce within the specified period on the ground that the case is one of exceptional hardship suffered by the petitioner or of exceptional depravity on the part of the respondent: but in determining the application the judge shall have regard to the interests of any child of the family within the meaning of section 2 of the Matrimonial Proceedings and Property Ordinance and to the question whether there is reasonable proba- bility of a reconciliation between the parties during the specified period. (Amended, 39 of 1972, s. 33 )
(3) Nothing in this section shall be deemed to prohibit the presentation of a petition based upon matters which occurred before the expiration of the specified period.
13. (1) A person shall not be prevented from presenting a petition for divorce, or the court from granting a decree of divorce. by reason only that the petitioner or respondent has at any time, on the same facts or substantially the same facts as those proved in support of the petition. been granted a decree of judicial separation. or an order under, or having effect as if made under, the Separation and Maintenance Orders Ordinance. ( Amended. 33 of 1972, s. 4 :
(2) On a petition for divorce in such a case as is mentioned in subsection (1), the court may treat the decree of judicial separation or the said order as sufficient proof of the ground on which it was granted, but shall not grant a decree of divorce without receiving evidence from the petitioner. (Amended, 33 of 1972, s. 4)
(3) For the purposes of a petition for divorce in such a case, a period of desertion immediately preceding the institution of proceed- ings for a decree of judicial separation or for such an order as aforesaid having the effect of a decree of judicial separation shall, if the parties have not resumed cohabitation and the decree or order has been continuously in force since it was granted, be deemed immediately to precede the presentation of the petition.
14. (1) On a petition for divorce presented by the husband in which adultery is alleged, or in the answer of the husband praying for divorce and alleging adultery, the husband shall make the alleged adulterer a co-respondent unless excused by the court on special grounds from doing so. (Amended, 33 of 1972, s. 5)
(2) On a petition for divorce presented by the wife in which adultery is alleged the court may, if it thinks fit, direct that the alleged adulteress be made a respondent. (Amended, 33 of 1972. s. 5)
Restriction on petitions within three years of marriage.
1465
1970 € 45. « 35.
Cup. 192.1
Divorce not precluded by previous judicial separation.
* 180
Alleged adulterer as a party. 1965 c. ^2. s. 4
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