whom, if his wife were dead, he could not lawfully contract matrimony by reason of her being within the prohibited degrees of consanguinity or affinity, and bigamy shall be taken to mean marriage of any person being married to any other person during the life of 5 his or her former wife or husband, whether the second marriage shall have taken place within the dominions of His Majesty or elsewhere. 25. Upon any petition presented by a husband for dissolution of marriage on the ground of adultery the petitioner shall make the alleged adulterer a co-respondent to the said petition, unless on 10 special grounds, to be stated in such petition and allowed by the Court, he shall be excused from so doing; and on every petition presented by a wife for dissolution of marriage on such ground the Court, if it see fit, may direct that the person with whom the husband is alleged to have committed adultery be made a respondent; 15 and the parties, or either of them, may insist on having the contested matters of fact tried by a jury as hereinafter mentioned. 26. It shall be the duty of the Registrar, on the filing of any petition for dissolution of marriage, to send a copy thereof to the Solicitor-General. 20 27. It shall be lawful for the Attorney-General, or the SolicitorGeneral, if he think fit, to oppose the petitioner obtaining a decree of dissolution of marriage, or to show cause why such a decree should not issue. 28. By leave of the Court, or of a Judge, any other person may 25 oppose the petitioner obtaining a decree of dissolution of marriage, but no such leave shall be granted except on an affidavit showing to the satisfaction of such Court or Judge that there is reasonable ground to believe that the petitioner has been in some manner accessory to or conniving at the adultery. 30 29. Upon any such petition for the dissolution of a marriage it shall be the duty of the Court to satisfy itself so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to or conniving at the adultery, or has condoned the same, and shall also inquire into any 35 counter charge which may be made against the petitioner. 30. No covenant or agreement between the parties to a suit for dissolution of marriage shall operate as a bar to a petition presented by either of them. 31. In case the Court, on the evidence in relation to any such 40 petition, is not satisfied that the alleged adultery has been committed, or finds that the petitioner has during the marriage been accessary to or conniving at the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with the respondents or either of 45 them, or with any person liable to be made a respondent under the provisions hereinbefore contained, the Court shall dismiss the said petition. 32. In case the Court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner 50 has beeen in any manner accessory to or conniving at the adultery of the other party to the mariage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion
Adulterer to be a co-respondent. 1867, No. 94, sec. 20
Registrar to send copy of petition to Solicitor-General. 1898, No. 42, sec. 5 Law Officers may oppose petition. Ibid, sec. 6
Stranger may be admitted in oases of connivance to oppose dissolution of marriage. 1867, No. 94, sec. 22
Court to be satisfied of absence of collusion. Ibid, sec. 23
Covenant cot to be a bar, 189S, No. 42, seo. 4
Cases in which petition is dismissed. 1867, No. 94, sec. 24
Gases in which dissolution of marriage may be decreed. Ibid, see. 25
7
Divorce and Matrimonial Causes Acts Compilation.
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