Matrimonial Causes Act Amendment Act (1879 No 24a) (NSW)

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A N N O Q U A D R A G E S I M O S E C U N D O
V I C T O R I A E R E G I N A E .

No. XXVIII.

A n Act to amend the L a w relating* to Divorce

and Mat r imonia l Causes. [Reserved11th
February, 1879.]
privi leges in t h e m a t t e r of Divorce on women as are now held and WH E R E A S it is expedient to amend the L a w re la t ing to and Mat r imonia l Causes and to confer t h e same r igh t s and

Divorce

enjoyed by m e n Be i t therefore enacted by the Queen ' s Most Exce l len t Majes ty by and wi th t h e advice and consent of t h e Legislat ive Council and Legislat ive Assembly of New South Wales in Pa r l i amen t assembled and by the au thor i ty of t he same as follows :—

1. On and after t he passing of th is A c t it shall be lawful for a n y wife to present a pet i t ion to t h e Cour t

p ray ing

t h a t

he r

marr iage

m a y he dissolved on t h e ground t h a t since t h e celebration thereof her
husband has been gui l ty of adu l te ry any A c t or law to t h e contrary
no twi ths t and ing A n d every such pet i t ion shall s tate as dis t inct ly as
A m e n d m e n t A c t . "
t h e n a t u r e of t he case permi ts t he facts on which t h e claim to have
such mar r i age dissolved is founded.

2. I n case t he Cour t shall be satisfied on the evidence t h a t t he

case of t h e pet i t ioner has been proved t h e Cour t shall t h e n pronounce

a decree declar ing such marr iage to be dissolved Provided t h a t the Court shall no t be bound to pronounce such decree if it shall find t h a t t he pet i t ioner has du r ing the marr iage been gui l ty of adu l te ry or if the peti t ioner shall in t he opinion of t he Cour t have been gui l ty of unreason­ able delay in p resen t ing or p rosecu t ing such pet i t ion or of hav ing deserted or wilfully separated herself from her husband before t he adul te ry complained of or of such wilful neglect collusion or misconduct as has conduced to t he adul tery .

3. This A c t may be cited as the " Mat r imonia l Causes Ac t

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