7. When petition shall be dismissed.
The petition shall be dismissed if the court is satisfied that the petitioner’s case has not been proved,
or is not satisfied that the alleged adultery has been committed, or finds that during the marriage the
petitioner has been accessory to or conniving at the going through of the form of marriage or the
adultery or has condoned it, or finds that the petition is presented or prosecuted in collusion with
either the respondent or corespondent.
8. When petition shall be granted.
If the court is satisfied that the petitioner’s case has been proved, and does not find that the petitioner
has been accessory to or has connived at the going through of the form of marriage or the adultery, or
has connived at or condoned it, or that the petition is presented or prosecuted in collusion, the court
shall pronounce a decree nisi for the dissolution of the marriage.
Notwithstanding subsection (1), the court shall not be bound to pronounce the decree if it finds that
the petitioner has during the marriage been guilty of adultery, or been guilty of unreasonable delay in
presenting or prosecuting the petition, or of cruelty to the respondent, or of having deserted or wilfully
separated himself or herself from the respondent before the adultery complained of, and without
reasonable excuse, or of such wilful neglect of or misconduct towards the respondent as has
conduced the adultery.
9. Condonation of adultery.
Adultery shall not be deemed to have been condoned unless conjugal cohabitation has been
continued or subsequently resumed.
10. Grant of relief to the respondent.
If the respondent opposes the relief sought on the ground, where the petitioner is the husband, of his
adultery, cruelty, or desertion without reasonable excuse, or, where the petitioner is the wife, on the
ground of her adultery, the court may give the respondent, on his or her application, the same relief to
which he or she would have been entitled if a petition had been presented seeking that relief, and the
respondent may give evidence of or
relating to the adultery, cruelty or desertion.
Nullity of marriage.
11. Petitions for nullity of marriage.
A husband or a wife may present a petition to the court praying that his or her marriage may be
declared null and void.
12. Grounds for decree of nullity.
(1) The following are the grounds on which a decree of nullity of
marriage may be made—
that the respondent was permanently impotent at the time of the marriage;
that the parties are within the prohibited degrees of consanguinity, whether natural or legal, or affinity;