Section 16 Matrimonial Causes Act 1970

Section 16 of the Matrimonial Causes Act 1970 is about Provisions supplementary to section 15. It provides as follows:

(1) Without prejudice to the generality of section 15(2)(c) of this Act, the court hearing a petition for a decree of dissolution of marriage shall hold that the petitioner has satisfied the court of the fact mentioned in the said section 15(2)(c) of this Act if the petitioner satisfies the court that-
(a) since the marriage, the respondent has committed rape, sodomy, or bestiality; or

(b)
since the marriage, the respondent has, for a period of not less than two years-
(i) been a habitual drunkard, or
(ii) habitually been intoxicated by reason of taking or using to excess any sedative, narcotic or stimulating drug or preparation, or has, for a part or parts of such a period, been a habitual drunkard and has, for the other part or parts of the period, habitually been so intoxicated; or

(c) since the marriage, the respondent has within a period not exceeding five years- (i) suffered frequent convictions for crime in respect of which the respondent has been sentenced in the aggregate to imprisonment for not less than three years; and (ii) habitually left the petitioner without reasonable means of support; or

(d) since the marriage, the respondent has been in prison for a period of not less than three years after conviction for an offence punishable by death or imprisonment for life or for a period of five years or more, and is still in prison at the date of the petition; or

(e) since the marriage and within a period of one year immediately preceding the date of the petition, the respondent has been convicted of- (i) having attempted to murder or unlawfully to kill the petitioner, or (ii) having committed an offence involving the intentional infliction of grievous harm or grievous hurt on the petitioner or the intent to inflict grievous harm or grievous hurt on the petitioner; or

(f) the respondent has habitually and wilfully failed, throughout the period of two years immediately preceding the date of the petition, to pay maintenance for the petitioner- (i) ordered to be paid under an order of, or an order registered in, a court in the Federation, or (ii) agreed to be paid under an agreement between the parties to the marriage providing for their separation; or

(g)
the respondent-
(i) is, at the date of the petition, of unsound mind and unlikely to recover, and
(ii) since the marriage and within the period of six years immediately preceding the date of the petition, has been confined for a period of, or for periods aggregating, not less than five years in an institution where persons may be confined for unsoundness of mind in accordance with law, or in more than one such institution.

(2) Where a petition is based on the fact mentioned in section 15(2)(h) of this Act-
(a) proof that, for a period of seven years immediately preceding the date of the petition, the other party to the marriage was continually absent from the petitioner and that the petitioner has no reason to believe that the other party was alive at any time within that period is sufficient to establish the fact in question, unless it is shown that the other party to the marriage was alive at a time within that period; and

(b) a decree made pursuant to the petition shall be in the form of a decree of dissolution of marriage by reason of presumption of death.

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