1983 Ed.]
Matrimonial Causes
[CAP. 179
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decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.
25. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The section is reproduced in the Appendix to that Ordinance.]
26. (1) Any married person who alleges that reasonable grounds exist for supposing that the other party to the marriage is dead may present a petition to the court to have it presumed that the other party is dead and to have the marriage dissolved, and the court may, if satisfied that such reasonable grounds exist, make a decree of presumption of death and dissolution of the marriage.
(2) In any proceedings under this section the fact that for a period of 7 years or more the other party to the marriage has been continually absent from the petitioner and the petitioner has no reason to believe that the other party has been living within that time shall be evidence that the other party is dead until the contrary is proved.
(3) Section 15(5) and sections 16 to 18 shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively. (Amended, 33 of 1972, s. 17)
(4) Neither collusion nor any other conduct on the part of the petitioner which has at any time been a bar to relief in matrimonial proceedings shall constitute a bar to the grant of a decree under this section. (Added, 33 of 1972, s. 17)
PART VI
ANCILLARY RELIEF
27-31. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. The sections are reproduced in the Appendix to that Ordinance.]
32. [Repealed, subject to the First Schedule to the Matrimonial Proceedings and Property Ordinance, Chapter 192. Subsection (3), reproduced below, shall, however, continue to apply to a case where the death occurred before 1 July 1972. The section is reproduced in the Appendix to that Ordinance.]
(3) In a case of judicial separation-
(a) any property which is acquired by or devolves upon the wife on or after the date of the decree whilst the separation continues; and
(b) where the decree is obtained by the wife, any property to which she is entitled for an estate in remainder or reversion on the date of the decree,
Presumption of death and dissolution of marriage.
1965 c. 2, s. 14.
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