Page image
Page image

Grounds for divorce. 1898, No. 42, see. 8

When wife may petition for dissolution of marriage. 1867, No. 94, sec. 18

Meaning of ineestu us adultery and bigamy. Ibid, sea. 19

PART 11. Decrees for Dissolution of Marriages. 22. (1.) Any married person who, at the time of the institution of the suit or other proceeding, is domiciled in New Zealand for two years, may present a petition to the Court praying on one or more of 5 the grounds in this section mentioned that his or her marriage with the respondent may be dissolved : — (a.) On the ground that the respondent has, since the celebration of the marriage, and after the first day of June, one thousand eight hundred and ninety-nine, being the date 10 of the coming into operation of " The Divorce Act, 1898," been guilty of adultery. (b.) On the ground that the respondent has without just cause wilfully deserted the petitioner, and without any such cause left him, or her, continuously so deserted during 15 five years or upwards. (c.) On the ground that the respondent has durirg four years and upwards been an habitual drunkard, and has either habitually left his wife without means of support or habitually been guilty of cruelty towards her; or, being 20 the petitioner's wife, has for a like period been an habitual drunkard, and has habitually neglected her domestic duties and rendered herself unfit to discharge them. (d.) On the ground that the respondent has been convicted and 25 sentenced to imprisonment or penal servitude for seven years or upwards for attempting to take the life of the petitioner. (2.) If in the opinion of the Court the petitioner's own habits or conduct induced or contributed to the wrong complained of, such 30 petition may be dismissed; but in all other cases under this section, if the Court is satisfied that the case of the petitioner is established, the Court shall pronounce a decree dissolving the marriage. (3.) A deserted wife who was domiciled in New Zealand at the time of desertion shall be deemed, for the purposes of this Act, to 35 have retained her New Zealand domicile, notwithstanding that her husband may have since the desertion acquired any foreign domicile. 23. Irrespective of her right to petition under the last preceding section hereof, it shall be lawful for any wife to present a petition to the Supreme Court praying that her marriage may be dissolved on 40 the ground that since the celebration thereof her husband has been guilty of incestuous adultery, or of bigamy with adultery, or of rape, or of sodomy, or of bestiality, or of adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensd et thoro under the law heretofore existing in England, or of adultery 45 coupled with desertion without reasonable excuse for two years or upwards; and every petition under this and the next preceding section shall state as distinctly as the nature of the case permits the facts on which the claim to have such marriage dissolved is founded. 24. For the purposes of this Act incestuous adultery shall be 50 taken to mean adultery committed by a husband with a woman with

6

Divorce and Matrimonial Causes Acts Compilation.

Log in or create a Papers Past website account

Use your Papers Past website account to correct newspaper text.

By creating and using this account you agree to our terms of use.

Log in with RealMe®

If you’ve used a RealMe login somewhere else, you can use it here too. If you don’t already have a username and password, just click Log in and you can choose to create one.


Log in again to continue your work

Your session has expired.

Log in again with RealMe®


Alert