1983 Ed.]
Matrimonial Causes
[CAP. 179
(3) Where the parties to the marriage have lived with each other for any period or periods after it has become known to the petitioner that the respondent has, since the celebration of the marriage, committed adultery -
(a) if the length of that period or of those periods together is 6 months or less, their living with each other during that period or those periods shall be disregarded in determining for the purposes of section 11A(1)(a) whether the petitioner finds it intolerable to live with the respondent; but
(b) if the length of that period or of those periods together exceeds 6 months, the petitioner shall not be entitled to rely on that adultery for the purpose of section 11A(1)(a).
(4) Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining, for the purposes of section 11A(1)(b), whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together is 6 months or less.
(5) In considering for the purposes of section 11A(1)(c), (d) or (e) whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any period or periods together not exceeding 6 months during which the parties have resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage have lived apart, as the case may be.
(6) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
(Added 33 of 1972, s. 7)
15B. (1) The respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A(1)(e) may oppose the grant of decree nisi on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage.
(2) Where the grant of a decree nisi is opposed by virtue of this section, then-
(a) if the court is satisfied that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section 11A(1)(e); and
(b) if apart from this section it would grant a decree nisi,
Decree to be refused in certain circumstances.
1969 c. 55.
1983 Ed.]
Matrimonial Causes
[CAP. 179
(3) Where the parties to the marriage have lived with each other for any period or periods after it has become known to the petitioner that the respondent has, since the celebration of the marriage, committed adultery -
(a) if the length of that period or of those periods together is 6 months or less. their living with each other during that period or those periods shall be disregarded in determining for the purposes of section 11A(1)(a) whether the peti- tioner finds it intolerable to live with the respondent: but (b) if the length of that period or of those periods together exceeds 6 months, the petitioner shall not be entitled to rely on that adultery for the purpose of section 1A(1)(@). (4) Where the petitioner alleges that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with him, but the parties to the marriage have lived with each other for a period or periods after the date of the occurrence of the final incident relied on by the petitioner and held by the court to support his allegation, that fact shall be disregarded in determining, for the purposes of section 11A(1)(b), whether the petitioner cannot reasonably be expected to live with the respondent if the length of that period or of those periods together is 6 months
or less.
(5) In considering for the purposes of section 11A(1)(c), (d) or (e) whether the period for which the respondent has deserted the petitioner or the period for which the parties to a marriage have lived apart has been continuous, no account shall be taken of any period or periods together not exceeding 6 months during which the parties have resumed living with each other, but no period during which the parties lived with each other shall count as part of the period of desertion or of the period for which the parties to the marriage have lived apart, as the case may be.
(6) References in this section to the parties to a marriage living with each other shall be construed as references to their living with each other in the same household.
( Added, 33 of 1972, s. 7į
15B. (1) The respondent to a petition for divorce in which the petitioner alleges any such fact as is mentioned in section 11A (1)(e) may oppose the grant of decree nisi on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage.
(2) Where the grant of a decree nisi is opposed by virtue of this section, then-
(a) if the court is satisfied that the only fact on which the petitioner is entitled to rely in support of his petition is that mentioned in section 11A(1)(e); and
(b) if apart from this section it would grant a decree nisi.
Decree to be
refused in certain
circumstances.
1969 c. 55. ~.
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