Singapore legislation
Clause 84
Clause 84
Grounds for divorce
(1)
Any husband may present a petition for divorce to the court praying that his marriage may be dissolved on the ground that his wife —
has since the solemnization thereof been guilty of adultery; or
has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
has since the solemnization of the marriage treated the petitioner with cruelty; or
is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition.
(2)
Any wife may present a petition for divorce to the court praying that her marriage may be dissolved on the ground that her husband —
has since the solemnization thereof gone through a form of marriage with another woman; or
has since the solemnization of the marriage been guilty of adultery; or
has since the solemnization of the marriage been guilty of rape, sodomy or bestiality; or
has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; or
has since the solemnization of the marriage treated the petitioner with cruelty; or
is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition.
(3)
Every such petition shall state, as distinctly as the nature of the case permits, the facts on which the claim to have such marriage dissolved is founded.
(4)
For the purposes of paragraph (d) of subsection (1) and of paragraph (f) of subsection (2) of this section, a person of unsound mind shall be deemed to be under care and treatment —
while he is detained in pursuance of any order made or warrant issued under the Mental Disorders and Treatment Ordinance (Cap. 145) or is being confined in pursuance of an order under section 358 or section 363 of the Criminal Procedure Code (Cap. 132);
while he is receiving treatment as a voluntary patient under section 36 of the Mental Disorders and Treatment Ordinance, being treatment which follows without any interval a period of such detention as aforesaid;
while he is being detained in pursuance of any order for his detention or treatment as a person of unsound mind or a person suffering from mental illness, or while he is receiving treatment as a voluntary patient, which treatment follows without any interval a period of such detention as aforesaid, in a country where it is proved that he is receiving care and treatment according to standards which are substantially the same as those obtaining in respect of the care and treatment of patients suffering from mental illness in Singapore,and not otherwise.
(5)
The court may order that the evidence required to show that a person is receiving care and treatment in a country according to standards which are substantially the same as those obtaining in respect of the care and treatment of patients suffering from mental illness in Singapore may be given by affidavit on such conditions as the court may think reasonable.