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ResourcesThai Civil and Commercial CodeBook5Book V Family Title I Chapter VI Termination of Marriage

Book V Family Title I Chapter VI Termination of Marriage

Page: 197

Section: 1516 - 1519

(Continue Section 1516)

                  (6) The husband or wife has not given proper maintenance and support to the other spouse, or has committed acts seriously adverse to the relationship of the husband and wife to such an extent that the other has been in excessive trouble where the condition, position and cohabitation as husband and wife are taken into consideration, the other spouse may enter a claim for divorce ;

                  (7) The husband or wife has been an insane person for more than three years continuously and the insanity is hardly curable so that the continuance of the marriage is not to be expected, the other spouse may enter a claim for divorce ;

                  (8) The husband or wife has broken the bond of good behaviour executed by either husband or wife, the other spouse may enter a claim for divorce ;

                  (9) The husband or wife suffers from communicable and dangerous disease which is incurable and which may cause injury to the other spouse, the other spouse may enter a claim for divorce ;

                  (10) The husband or wife has a physical disadvantage so as to be permanently unable to cohabit as husband and wife, the other souse may enter a claim for divorce.

 

Section 1517.- No action for divorce may be instituted by the husband or wife, as the case may be, if such spouse has consented or connived at the acts under Section 1516 (1) and (2) upon which the action for divorce is based.

If the ground of action for divorce under Section 1516 (10) has resulted from the act of the other spouse, the action for divorce based upon such ground may not be instituted by such other spouse.

Where the action for divorce based upon the ground under Section 1516 (8) has been instituted, the Court may not pronounce judgement to effect the divorce if the behaviour of the husband or wife that causes the bond to have been executed is a minor cause or of no importance in relation to peaceful cohabitation as husband and wife.

 

Section 1518.- The right to institute would be discharged when the spouse entitled of an action for divorce has committed any act to show own forgiveness to the act done by the other spouse that has caused the right to institute the action for divorce.

 

Section 1519.- In case where one spouse is an insane person and if there gives the rise to the ground of action for divorce irrespective of whether it arises before or after the insanity, the person entitled to apply to the Court for an order effecting the insane person to be an incapacitated person under Section 28shall be empowered to enter an action against the other spouse for divorce and liquidation of the property. In such a case, if no order of the Court effecting the insane spouse to be an incapacitated person has yet been given, the said person shall apply to the Court in the same case for an order effecting the insane spouse to be an incapacitated person.

The said person may, if deemed suitable, also enter an action in the Court to give the order under Section 1526 and Section 1530.