Page:พรบ แก้ ปพพ (๒๕๖๗-๐๘-๑๒).djvu/13

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“Section1516.The grounds for instituting an action for divorce are as follows:

(1)when either spouse maintains or honours a third person as a spouse, commits adultery, or habitually has sexual intercourse with a third person, the other may institute an action for divorce;

(2)when either spouse commits misconduct, irrespective of whether or not it constitutes a criminal offence, if it causes the other—

(a)to suffer serious disgrace;

(b)to suffer contempt or hatred as a result of continuing to be the spouse of the party committing the misconduct; or

(c)to suffer excessive injury or trouble, taking into account the nature, conditions, and joint living of the spouses;

the other may institute an action for divorce;

(3)when either spouse physically or mentally assaults or tortures, or defames or vilifies, the other or his ascendants, if it is serious, the other may institute an action for divorce;

(4)when either spouse has wilfully abandoned the other for over one year, the other may institute an action for divorce;

(4/1)when either spouse has been sentenced to imprisonment by a final judgment and has been imprisoned for more than one year for an offence the causing of which the other had no part in or the commission of which the other did not consent to or connive at, and the other would suffer excessive injury or trouble if they continue to be spouses, the other may institute an action for divorce;

(4/2)when the spouses voluntarily live apart because of having been unable to peacefully live together as a married couple for more than three consecutive years, or they have lived apart as a result of a court order for more than three years, either of them may institute an action for divorce;

(5)when either spouse has been adjudged by a court to have disappeared or has left the domicile or abode for more than three years without anyone knowing exactly if he has already died or is still alive, the other may institute an action for divorce;

(6)when either spouse fails to support or maintain the other appropriately or commits an act which is seriously adverse to the spousal state, if it is considerable to the extent that causes excessive trouble to the other, taking into account the nature, conditions, and joint living of the spouses, the other may institute an action for divorce;