New South Wales Consolidated Acts

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MATRIMONIAL CAUSES ACT 1899 - SECT 14

Incestuous adultery &c

14 Incestuous adultery &c

(1) Any wife may present a petition to the Court praying that her marriage may be dissolved on the ground that since the celebration thereof her husband has been guilty of:
(a) incestuous adultery or
(b) bigamy with adultery or
(c) rape sodomy bestiality or
(d) adultery coupled with such cruelty as without adultery would have entitled her to a divorce a mensâ et thoro under the law existing in England before the passing of the Imperial Act twentieth and twenty-first Victoria chapter eighty-five or
(e) adultery coupled with desertion without reasonable excuse for two years or upwards.
(2) "Incestuous adultery" means adultery committed by a husband with a woman with whom if his wife were dead he could not lawfully contract matrimony by reason of her being within the prohibited degrees of consanguinity or affinity.
"Bigamy" means marriage of any person being married to any other person during the life of his or her former wife or husband whether the second marriage takes place within the dominions of Her Majesty or elsewhere.



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