MATRIMONIAL CAUSES ACT - 1971 (ACT 367)

    Section - 2 - Proof of Breakdown of Marriage.

    (1) For the purpose of showing that the marriage has broken down beyond reconciliation the petitioner shall satisfy the court of one or more of the following facts:-

    (a) that the respondent has committed adultery and that by reason of such adultery the petitioner finds it intolerable to live with the respondent; or

    (b) that the respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with the respondent; or

    (c) that the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition; or

    (d) that the parties to the marriage have not lived as man and wife for a continuous period of at least two years immediately preceding the presentation of the petition and the respondent consents to the grant of a decree of divorce; provided that such consent shall not be unreasonably withheld, and where the Court is satisfied that it has been so withheld, the Court may grant a petition for divorce under this paragraph notwithstanding the refusal; or

    (e) that the parties to the marriage have not lived as man and wife for a continuous period of at least five years immediately preceding the presentation of the petition; or

    (f) that the parties to the marriage have, after diligent effort, been unable to reconcile their differences.

    (2) On a petition for divorce it shall be the duty of the court to inquire, so far as is reasonable, into the facts alleged by the petitioner and the respondent.

    (3) Notwithstanding that the court finds the existence of one or more of the facts specified in subsection (1), the court shall not grant a petition for divorce unless it is satisfied, on all the evidence, that the marriage has broken down beyond reconciliation.