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Report No. 71 II. Hardship 7.7. Hardship.- Then there is the question of hardship that may be caused to the respondent by the grant of divorce. The English Act1 enables the respondent to a petition for divorce based on five years' separation as constituting breakdown to oppose the petition on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage". The following is the text of the entire section: "5. Refusal of decree in five year separation cases on grounds of grave hardship to respondent.- (1) The respondent to a petition for divorce in which the petitioner alleges five "years" separation may oppose the grant of a decree on the ground that the dissolution of the marriage will result in grave financial or other hardship to him and that it would in all the circumstances be wrong to dissolve the marriage. (2) Where the grant of a decree is opposed by virtue of this section, then- (a) if the court finds that the petitioner is entitled to rely in support of his petition on the fact of five years' separation and makes no such finding as to any other fact mentioned in section 1(2) above, and (b) if apart from this section the court would grant a decree on the petition, the court shall consider all the circumstances, including the conduct of the parties to the marriage and the interests of those parties and of any children or other persons concerned, and if of opinion that the dissolution of the marriage will result in grave financial or other hardship to the respondent and that it would in all the circumstances be wrong to dissolve the marriage it shall dismiss the petition. (3) For the purposes of this section hardship shall include the loss of the chance of acquiring any benefit which the respondent might acquire if the marriage were not dissolved." 1. Section 5, Matrimonial Causes Act, 1973.    |
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