Singapore legislation

Clause 29

of Women’s Charter (Amendment) Bill

Clause 29

Amendment of section 86

Section 86 of the Ordinance is hereby amended —

(a)

by deleting the expression “; and” appearing at the end of paragraph (b) of subsection (2) thereof and substituting therefor a comma;

(b)

by deleting paragraph (c) of subsection (2) thereof;

(c)

by deleting the proviso to subsection (2) thereof and substituting therefor the following: — “Provided that the court shall not be bound to pronounce a decree of divorce and may dismiss the petition —

(a)

if the court finds that the petition is presented or prosecuted in collusion with the respondent or either of the respondents; or

(b)

if the court finds that the petitioner has during the marriage been guilty of adultery; or

(c)

if, in the opinion of the court, the petitioner has been guilty —

(i)

of unreasonable delay in presenting or prosecuting the petition; or

(ii)

of cruelty towards the other party to the marriage; or

(iii)

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

(iv)

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.”; and

(d)

by inserting immediately after subsection (2) thereof the following new subsections: —“(3) Nothing in subsection (2) of this section shall affect the duty of the court to inquire whether any collusion exists between the parties or any duty of the parties to disclose to the court any agreement or arrangement made between them in contemplation of or in connection with the proceedings, or any power or duty of the Attorney-General under this Part of this Ordinance.(4) Provision may be made by Rules of Court for enabling the court, upon application made either before or after the presentation of a petition of divorce, to take into consideration for the purpose of this section, any agreement or arrangement made or proposed to be made between the parties and to give such directions in the matter as the court thinks fit.”.