Full legislation
s.3
Grounds on which an application for a section 5 order may be made
(1)
Where a married
person—
(a)
has been convicted summarily of an assault upon the other party to the
marriage which in the opinion of the convicting magistrate is of an aggravated
character;
(b)
has been convicted whether on indictment or summarily of an assault upon
the other party to the marriage, and sentenced to pay a fine of more than $500
or to a term of imprisonment exceeding 2 months;
(c)
has deserted the other party to the marriage;
(d)
has been guilty of persistent cruelty to the other party to the marriage or
that party’s children;
(e)
has failed to provide reasonable maintenance for the other party to the
marriage or reasonable maintenance and education for that party’s children whom
the married person is legally liable to maintain;
(f)
has, while suffering from a venereal disease, and knowing that he or she
was so suffering, insisted on having sexual intercourse with the other party to
the marriage;
(g)
has compelled the other party to the marriage to submit to
prostitution;
(h)
is a habitual drunkard, or a drug addict,
that other party may apply to the District Court for an order under this
Ordinance.
(2)
For the purpose of subsection
(1
)(
g)
, where a married person has, in
the opinion of the District Court, been guilty of such conduct as was likely to
result and has resulted in the other party to the marriage submitting to
prostitution, that person shall be deemed to have compelled the other party to the
marriage so to submit.