Report No. 15
40. Adulterer or adulteress to be a co-respondent.-
(1) On a petition for divorce or judicial separation presented on the ground of adultery the petitioner shall make the alleged adulterer or adulteress a co-respondent, unless the petitioner is excused by the court from so doing on any of the following grounds, namely:-
(a) that the respondent is leading the life of a prostitute, and that the petitioner knows of no person with whom the adultery has been committed;
(b) that the name of the alleged adulterer or adulteress is unknown to the petitioner although the petitioner has made due efforts to discover it;
(c) that the alleged adulterer or adulteress is dead;
[Section 11, Divorce Act.]
[Cf. section 3, M.C.A. 1950.] [Cf. section 41 (2) (a), S.M.A.]
(d) any other ground which the court may regard as sufficient in the circumstances of the case.
[Cf. section 3, M.C.A.]
(2) The provisions of sub-section (1) shall, so far as may be, apply in relation to the answer of a respondent praying for divorce or judicial separation on the ground of adultery, as they apply in relation to a petition for divorce or judicial separation presented on that ground.
[New] [Cf. section 3, M.C.A.]
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