Grounds of petition for divorce

(1) A petition for divorce may be presented to the Court either by the husband or the wife on the ground that the (a) has, since the celebration of the marriage, committed adultery; (b) has deserted the petitioner without cause for a period of at least three years immediately preceding the presentation of the petition; (c) has, since the celebration of the marriage, treated the petitioner with cruelty; or (d) is incurably of unsound mind and has been continuously under care and treatment for a period of at least five years immediately preceding the presentation of the petition, and by the wife on the ground that her husband has, since the celebration of the marriage, been guilty of rape, sodomy or bestiality. (2) Notwithstanding the provisions of sub-section (1), a petition for divorce may be presented to the Court by either party to a marriage on the grounds that the marriage between them has broken down irretrievably, and that they have been living separately for at least three years immediately preceding the presentation of the petition. 70