Report No. 15
Chapter VII
Divorce
A.-Grounds of divorce
30. Grounds of divorce.-
(1) Any marriage, solemnised whether before or after the commencement of this Act, may, on a petition presented either by the husband or the wife, be dissolved by a decree of divorce on the ground that the respondent-
[Section 10, 1st para, part and 2nd para. Divorce Act]
(i) has, since the solemnisation of the marriage, committed adultery; or
[Cf. section 27(a), S.M.A.] [Cf. section 13(1)(i), H.M.A]
(ii) has ceased to be a Christian by conversion to another religion; or
[Cf. section 13 (1) (ii), H.M.A.]
(iii) has been incurably of unsound mind for a continuous period of not less than three years immediately preceding the presentation of the petition; or
[Cf. section 13(1)(iii), H.M.A.] [Cf. section 27 (e), S.M.A.]
(iv) has, for a period of not less than three years immediately proceeding the presentation of the petition, been suffering from a virulent and incurable form of leprosy; or
[Cf. section 13(1)(iv), H.M.A.] [Cf. section 27(g), S.M.A]
(v) has, for a period of not less than three years immediately preceding the presentation of the petition, been suffering from venereal disease in a communicable form; or
[Cf. section 13(1)(v), H.M.A. and Cf. section 27(f), S.M.A]
(vi) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of the respondent if the respondent had been alive; or
[Cf. section 27(h), S.M.A.1 (Cf. section 13(1)(viii), H.M.A.]
(vii) has wilfully refused to consummate the marriage, and the marriage has not, therefore, been consummated; or
[Contrast section 25(i), S.M.A.] [Cf. section 32(a), P.M.D.A.]
(viii) has failed to comply with a decree for restitution of conjugal rights for a period of two years or upwards after the passing of the decree against the respondent; or
[Cf. section 27(f), S.M.A.] [Cf. section 13(1)(ix), H.M.A.]
(ix) has deserted the petitioner for a period of at least three years immediately preceding the presentation of the petition; or
[Cf section 27(h), S.M.A. and see the definition of 'desertion']
(x) has, since the solemnisation of the marriage treated the petitioner with cruelty.
[Cf. section 27(d), S.M.A. and contrast section 10(1)(b)
Judicial Separation, H.M.A.]
(2) A wife may also present a petition for the dissolution of her marriage by a decree of divorce on the ground that the husband has, since the solemnisation of the marriage, been guilty of rape, sodomy or bestiality.
[Cf. section 13(2)(ii), H.M.A., section 27, last sentence, S.M.A.]
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