Section 1513.- If it appears that the spouse being sued for the revocation of the marriage has known the ground of the voidability, the said spouse is required to make compensation for the damage to the body, reputation or property of the other arising from such marriage, and the provisions of Section 1525 shall be applied mutatis mutandis.

If the cancellation of the marriage under paragraph one makes the other spouse becoming destitute and having insufficient income out of own property or business which used to be carried on during the marriage, the sued spouse is also required to be liable to living allowances as prescribed in Section 1526.

 

Section 1514.- Divorce may be effected only by mutual consent or by judgement of the Court.

Divorce with mutual consent must be made in writing and certified by the signatures of at least two witnesses.

 

Section 1515.- When the marriage has been registered as prescribed by this Code, divorce made by mutual consent will be valid only when the registration thereof has been made by both the husband and wife.

 

Section 1516.- The grounds of action for divorce are as follows :

                  (1) The husband has given maintenance to or honoured such other woman as his wife or the wife has committed adultery, the other spouse may enter a claim for divorce ;

                  (2) The husband or wife is guilty of misconduct, notwithstanding whether such misconduct is a criminal offence or not, if it causes the other spouse :

                                    (a) To be seriously ashamed ;

                                    (b) To be insulted or hates on account of being husband or wife of the spouse having committed the misconduct ;

                                    (C) To sustain excessive injury or trouble when the condition, position and cohabitation as husband and wife are taken into consideration ;

                  The other spouse may enter a claim for divorce ;

                  (3) The husband or wife has committed bodily harm or torture to the body or mind of the other spouse, or has seriously insulted the other or the ascendants of the other, the injured spouse may enter a claim for divorce ;

                  (4) The husband or wife has deserted wilfully the other spouse for more than a year, the other spouse may enter a claim for divorce ;

                                    (4/1) The husband or wife has been sentenced by a final judgement of the Court and has been imprisoned for more than one year in the offence being committed without any participation, consent or knowledge of the other party, and the cohabitation as husband and wife will cause the other party sustain excessive injury or trouble, the other spouse can enter a claim for divorce ;

                                    (4/2) The husband and wife voluntarily live separately because of being unable to cohabit as peacefully for more than three years, or have lived separately more than three years by the order of the Court, either spouse may enter a claim for divorce ;

                  (5) Either husband or wife has been adjudged to have disappeared, or has left own domicile or own residence for more than three years and being uncertain whether the said spouse is living or dead, the other spouse may enter a claim for divorce ;