By the Matrimonial Causes Act of 1899 jurisdiction in respect of divorces a mensa et thoro (judicial separations), suits for nullity of marriage, suits for dissolution of marriage (absolute divorce), suits for restitution of conjugal rights, suits for jactitation of marriage, and all causes, suits and matters matrimonial are vested in the Supreme Court of the State.
Causes for Absolute Divorce.—A husband who has been domiciled for three years or more in the State may petition for a dissolution of the marriage on the following grounds:
A. That the wife has committed adultery.
B. That the wife has, without just cause or excuse, wilfully deserted the petitioner and without any such cause or excuse left him so deserted for three years or more.
C. That the wife has, during three years and upwards, been an habitual drunkard and habitually neglected her domestic duties or rendered herself unfit to discharge them.
D. That within one year the wife has been imprisoned for a period of not less than three years and is still in prison under a commuted sentence for a capital crime, or under sentence to penal servitude for seven years or more.
E. That within one year the wife has been convicted of having attempted to murder her husband, or having assaulted him with intent to inflict grievous bodily harm.
F. That during one year previously the wife has assaulted and cruelly beaten her husband.
A wife may obtain an absolute divorce from her husband by proving:
A. That her husband has committed incestuous adultery.