Section 19-5-4. Effect of collusion, consent, guilt of like conduct, or condonation

   (a) No divorce shall be granted under the following circumstances:

   (1) The adultery, desertion, cruel treatment, or intoxication complained of was occasioned by the collusion of the parties, with the intention of causing a divorce;

   (2) The party complaining of the adultery, desertion, cruel treatment, or intoxication of the other party was consenting thereto;

   (3) Both parties are guilty of like conduct; or

   (4) There has been a voluntary condonation and cohabitation subsequent to the acts complained of, with notice thereof.

(b) In all such cases, the respondent may plead in defense the conduct of the party bringing the action and the jury may, on examination of the whole case, refuse a divorce.

Laws 1850, Cobb's 1851 Digest, p. 226; Code 1863, § 1673; Code 1868, § 1714; Code 1873, § 1715; Code 1882, § 1715; Civil Code 1895, § 2429; Civil Code 1910, § 2948; Code 1933, § 30-109.