New South Wales Consolidated Acts

MATRIMONIAL CAUSES ACT 1899 - SECT 19

19 Petitions under ss 12, 14, 15

(1) Whenever a petition is presented under sections twelve fourteen or fifteen the Court shall pronounce a decree declaring the marriage to be dissolved if it is satisfied on the evidence that the case of the petitioner has been proved and does not find against the petitioner any of the facts mentioned in (b) and (c) of the last preceding section.

(2) The Court shall not be bound to pronounce such decree if:

(a) it finds that the petitioner has during the marriage been guilty of adultery or

(b) it is of opinion that the petitioner has been guilty of:

(i) unreasonable delay in presenting or prosecuting the petition or

(ii) cruelty towards the other party to the marriage or

(iii) having deserted or wilfully separated himself from the other party before the adultery complained of or

(iv) such wilful neglect or misconduct as has conduced to the adultery.