Problems in the Law Relating to Divorce on the Grounds of Incurable Unsoundness of Mind
| Date | 01 January 1963 |
| Published date | 01 January 1963 |
| Author | Alec Samuels |
| DOI | http://doi.org/10.1111/j.1468-2230.1963.tb00694.x |
THE
MODERN
LAW
REVIEW
Volume
26
January
1963
No.
1
PROBLEMS
IN
THE
LAW RELATING
TO
DIVORCE ON
THE
GROUNDS
OF
INCURABLE UNSOUNDNESS
OF
MIND
TEE
law relating to divorce for unsoundness of mind now stands
as
follows
:
Matrimonial Causes Act, 1950,
s.
1
as
amended by:
Divorce (Insanity and Desertion) Act, 1958,
s.
4
(a);
Mental Health Act,
1959,
7th Schedule;
Mental Health (Scotland) Act,
1960,
4th Schedule.
1.
Grounds for petition for divorce-(1) Subject
to
the pn>Vi-
sions of the next following section,
a
petition for divorce may be
presented
to
the court' either
by
the husband or the
wife
on
the
ground that the respondent-
(d)
is incurably of unsound mind
and
has
been
continuously
under care and treatment for
a
period of at least five years
he-
diately preceding the presentation of the petition;
.
.
.
(2)
For the purposes of this section a person of unsound mind
shall
be
deemed to
be
under
care
and treatment-
(a)
while he is liable
to
be
detained
in
a hospital, mental
nursing home or place of safety under the Mental Health Act,
1959
;
(b)
while he
is
liable
to
be
detained in a hospital or place of
safety under the Mental Health (Scotland)
Act,
1960;
(c)
while
he
is detained in pursuance of any order for his
detention or treatment
as
a person of unsound mind or a person
suffering from mental illness made under any law for the time
being in force
in
Northern Ireland, the Isle of Man or any of the
Channel Islands (including any such
law
relating to criminal
lunatics)
;
(d)
while he is receiving treatment as
a
voluntary patient under
any such law
as
is
mentioned
in
paragraph
(c)
of
this subsection
;
but not otherwise.
VOL.
36
1
1
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