Divorce.
Restitution of Conjugal Rights.
[CAP. 179
restitution
rights.
of conjugal
20. (1) When either the husband or the wife has without reasonable excuse withdrawn from the society of the other, either wife or husband may apply by petition to the court for restitution of conjugal rights.
(2) The court, on being satisfied of the truth of the statements made in such petition and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly.
petition.
21. Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be a ground for a suit for judicial separation.
22. (1) A decree of restitution of conjugal rights shall not be enforced by attachment.
(2) Where the application is by the wife the court may, at the time of making such decree or at any time afterwards, order that, in the event of such decree not being complied with within any time in that behalf limited by the court, the respondent shall make to the petitioner such periodical payments as are just.
(3) The court may, if it thinks fit, order that the husband shall, to the satisfaction of the court, secure to the wife such periodical payments, and for that purpose may refer the matter to the Registrar or to some counsel and solicitor to settle and approve of a proper deed or instrument to be executed by all necessary parties.
payments in lieu of attachment.
of wife's
23. Where the application for restitution of conjugal rights is by the husband, if it is made to appear to the court that the wife is entitled to any property, either in possession or reversion, or is in receipt of any profits of trade or earnings, the court may, if it thinks fit, order a settlement to be made to the satisfaction of the court of such property or any part thereof for the benefit of the petitioner and of the children of the marriage or either or any of them, or may order such part as the court thinks reasonable of such profits of trade or earnings to be periodically paid by the respondent to the petitioner for his own benefit, or to the petitioner or any other person for the benefit of the children of the marriage or either or any of them.
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