[Rev. 2012]
Matrimonial Causes
CAP. 152
11. Dismissal of respondent or co-respondent from proceedings
In any case in which, on the petition of a husband for divorce, the alleged
adulterer is made a co-respondent or in which, on the petition of a wife for divorce,
the person with whom the husband is alleged to have committed adultery is made
a respondent, the court may, after the close of the evidence on the part of the
petitioner, direct the co-respondent or the respondent, as the case may be, to be
dismissed from the proceedings if the court is of opinion that there is not sufficient
evidence against him or her.
12. Grant of relief to respondent on petition for divorce
If in any proceedings for divorce the respondent opposes the relief sought, in the
case of proceedings instituted by the husband, on the ground of his adultery, cruelty
or desertion, or, in the case of proceedings instituted by the wife, on the ground of
her adultery, cruelty or desertion, the court may give to the respondent the same
relief to which he or she would have been entitled if he or she had presented a
petition seeking such relief.
Nullity
13. Petition for nullity of marriage
A husband or wife may present a petition to the court praying that his or her
marriage may be declared null and void.
14. Grounds for decree of nullity
(1) The following are the grounds on which a decree of nullity of marriage may
be made—
(a) that either party was permanently impotent, or incapable of
consummating the marriage, at the time of the marriage; or
(b) that the marriage had not been consummated owing to the wilful
refusal of the respondent to consummate the marriage; or
(c) that the parties are within the prohibited degrees of consanguinity
(whether natural or legal) or affinity; or
(d) that the former husband or wife of either party was living at the time
of the marriage, and the marriage with such previous husband or wife
was then in force; or
(e) that the consent of either party to the marriage was obtained by force
or fraud in any case in which the marriage might be annulled on this
ground by the law of England; or
(f) that either party was at the time of the marriage of unsound mind or
subject to recurrent fits of insanity or epilepsy; or
(g) that the respondent was at the time of the marriage suffering from
venereal disease in a communicable form; or
(h) that the respondent was at the time of the marriage pregnant by some
person other than the petitioner:
(i)
Provided that, in the cases specified in paragraphs (f), (g) and (h) of
this subsection, the court shall not grant a decree unless it is satisfied
—
that the petitioner was at the time of the marriage ignorant of the facts
alleged;
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