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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.]



Report on the Law of Christian Marriage and Divorce Back




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