Singapore legislation
Clause 86
Clause 86
Duty of court on presentation of petition for divorce
(1)
On a petition for divorce it shall be the duty of the court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties and also to inquire into any countercharge which is made against the petitioner.
(2)
If the court is satisfied on the evidence that —
the case for the petition has been proved; and
where the ground of the petition is adultery, the petitioner has not in any manner been accessory to, or connived at, or condoned the adultery, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty; and
the petition is not presented or prosecuted in collusion with the respondent or either of the respondents,the court shall pronounce a decree nisi of divorce but if the court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition:Provided that the court shall not be bound to pronounce a decree of divorce and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the court, the petitioner has been guilty —
of unreasonable delay in presenting or prosecuting the petition; or
of cruelty towards the other party to the marriage; or
where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from the other party before the adultery or cruelty complained of; or
where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conduced to the adultery or unsoundness of mind or desertion.