1964_MATRIMONIAL_CAUSES_ORDINANCE — Page 9

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CAP. 179]

Matrimonial Causes

[1983 Ed.

Ground for petition.

1969 2. $8.5. E

Proof of ground for petition.

cr. 1969 c. $8. 5. 200.

1969 c. 55. s. 2641.

1969 p. 55.x 2151.

(b) for the transfer or retransfer from the Supreme Court of

any cause or proceedings to the District Court.

(2) An application under section 39 shall be made to the court that made the order to which the application relates:

Provided that rules of court may make provision for the transfer of applications from one court to the other.

(3) The District Court may exercise jurisdiction under this Ordinance although the amount claimed in the proceedings would. but for this subsection, be beyond the jurisdiction of that court.

(Replaced, 79 of 1981, s. 5)

PART III

DIVORCE

11. The sole ground on which a petition for divorce may be presented to the court by either party to a marriage shall be that the marriage has broken down irretrievably.

( Replaced. 33 of 1972, s. 3)

11A. (1) The court hearing a petition for divorce shall not hold the marriage to have broken down irretrievably unless the petitioner satisfies the court of one or more of the following facts-- (a) that the respondent has committed adultery and the peti- tioner finds it intolerable to live with the respondent:

(b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent:

(c) that the respondent has deserted the petitioner for a con- tinuous period of at least 2 years immediately preceding the presentation of the petition:

(d) that the parties to the marriage have lived apart for a continuous period of at least 2 years immediately preced- ing the presentation of the petition and the respondent consents to a decree being granted:

(e) that the parties to the marriage have lived apart for a con- tinuous period of at least 5 years immediately preceding the presentation of the petition.

(2) For the purposes of subsection (1)(c), the court may treat a period of desertion as having continued at a time when the deserting party was incapable of continuing the necessary intention if the evidence before the court is such that, had that party not been so incapable, the court would have inferred that his desertion con- tinued at that time.

(3) For the purposes of this Part. a husband and wife shall be treated as living apart unless they are living with each other in the same household.

1 Added, 33 of 1972. s. 3)