History of the Parsis : including their manners, customs, religion and present position : with coloured and other illustrations : in two volumes

306 APPENDIX.

(c) For Divorce or Judicial Separation.

XXX. Any husband may sue that his marriage may be disOn the ground of Solved, and a divorce granted, on the ground the wife's adultery. that his wife has, since the celebration thereof, been guilty of adultery ; and any wife may sue that her marriage may be dissolved, and a divorce granted, on the ground On the ground of that, since the celebration thereof, her husband the husband's adul- has been guilty of adultery with a married tery, etc. 7 5 : : or fornication with an unmarried woman not being a prostitute, or of bigamy coupled with adultery, or of adultery coupled with cruelty, or of adultery coupled with wilful desertion for two years or upwards, or of rape, or of an unnatural offence. In every such suit for divorce on the ground of adultery the plaintiff shall, unless the Court shall otherwise order, make the person with whom the adultery is alleged to have been committed a co-defendant, and in any such suit by the husband the Court may order the adulterer to pay the whole or any part of the costs of the proceedings.

XXXI. If a husband treat his wife with such cruelty or

Grounds of judi- personal violence as to render it in the judgcial separation. ment of the Court improper to compel her to live with him, or if his conduct afford her reasonable grounds for apprehending danger to life or serious personal injury, or if a prostitute be openly brought into or allowed to remain in the place of abode of a wife by her own husband, she shall be entitled to demand a judicial separation.

XXXII. In a suit for divorce or judicial separation under

Suits for divorce this Act, if the Court be satisfied of the truth or judicial separa- of the allegations contained in the plaint, and toe that the offence therein set forth has not been condoned, and that the husband and wife are not colluding together, and that the plaintiff has not connived at or been accessory to the said offence, and that there has been no unnecessary or improper delay in instituting the suit, and that there is no other legal ground why relief should not be granted, then and in such case but not otherwise, the Court shall decree a divorce or judicial separation accordingly.