3 Additional jurisdiction (1) Without prejudice to any other basis of jurisdiction which the High Court has, the High Court shall have jurisdiction to entertain an action for divorce, judicial separation or nullity of marriage, where the wife is the plaintiff or applicant— (a) if the wife has been deserted by her husband and, immediately before the desertion, the husband was domiciled in Zimbabwe, notwithstanding that the husband has changed his domicile since the desertion; or (b) if the marriage was celebrated in Zimbabwe and the wife has resided in Zimbabwe for a period of at least two years immediately before the date of commencement of the action and is still so residing, notwithstanding that the husband has never been domiciled in Zimbabwe; or (c) if at the date of commencement of the action the wife is a citizen of Zimbabwe and, immediately before that date, she has been ordinarily resident in Zimbabwe for a period of not less than two years and is still so re- siding. (2) The High Court shall, in an action referred to in subsection (1), have jurisdiction to entertain any counterclaim made by the husband which arises out of the marriage. (3) In any proceedings in which the High Court has jurisdiction by virtue of this section the issue shall be deter- mined in accordance with the law which would be applicable thereto if both parties were domiciled in Zimbabwe at the time of the proceedings. 4 Grounds for divorce A marriage may be dissolved by a decree of divorce by an appropriate court only on the grounds of— (a) irretrievable break-down of the marriage as contemplated by section five; or (b) incurable mental illness or continuous unconsciousness of one of the parties to the marriage as contemplated by section six. 5 Irretrievable break-down (1) An appropriate court may grant a decree of divorce on the grounds of irretrievable break -down of the marriage if it is satisfied that the marriage relationship between the parties has broken down to such an extent that there is no reasonable prospect of the restoration of a normal marriage relationship between them. (2) Subject to subsection (1), and without prejudice to any other facts or circumstances which may show the irretrievable break-down of a marriage, an appropriate court may have regard to the fact that (a) the parties have not lived together as husband and wife for a continuous period of at least twelve months immediately before the date of commencement of the divorce action; or (b) the defendant has committed adultery which the plaintiff regards as incompatible with the continuation of a normal marriage relationship; or (c) the defendant has been sentenced by a competent court to imprisonment for a period of at least fifteen years or has, in terms of the law relating to criminal procedure, been declared to be a habitual criminal or has been sentenced to extended imprisonment and has, in accordance with such declaration or sentence, been detained in prison for a continuous period of, or for interrupted periods which in the aggregate amount to, at least five years, within the ten years immediately before the date of commencement of the divorce action; or (d) the defendant has, during the subsistence of the marriage— (i) treated the plaintiff with such cruelty, mental or otherwise; or (ii) habitually subjected himself or herself, as the case may be, to the influence of intoxicating liquor or drugs to such an extent; as is incompatible with the continuation of a normal marriage relationship; as proof of irretrievable break -down of the marriage. (3) If it appears to an appropriate court that there is a reasonable possibility that the parties may become reconciled through marriage counsel, treatment or reflection, the court may postpone the proceedings to enable the parties to attempt a reconciliation. (4) Where proceedings have been postponed in terms of subsection (3), they may be resumed, with leave of the court, before any other presiding officer or judge of the court. 6 Mental illness or continuous unconsciousness (1 ) In this section— “psychiatrist” means a medical practitioner who is registered in Zimbabwe or possesses qualifications which make him eligible for registration in Zimbabwe and— 2

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