Repeal and
replace. ment of section 15.
Amendment of section 16,
(2) that the respondent was at the time of the marriage pregnant by some person other than the petitioner:
Provided that, in the cases specified in paragraphs (c), (d) and (e) of this subsection, the court shall not grant a decree unless it is satisfied-
(i) that the petitioner was at the time of the
narriage ignorant of the facts alleged; (ii) that proceedings were instituted within a
year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.
(3) Nothing in this section shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted. ",
11. Section 15 of the principal Ordinance is repealed and replaced by the following section—
"Legiti- macy of children
of voidable
marriages.
15. Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment. "'.
12. Section 16 of the principal Ordinance is amended by- (a) the deletion of subsection (1) and the substitution there-
for of the following subsection-
**(1) A decree nisi for dissolution of marriage or for nullity of marriage may be made absolute after the expiration of three months from the pronouncing thereof, or after such shorter time as the court may fix from time to time by general or special order. "; and
the deletion of subsection (7) and the substitution there- for of the following subsection-
"(7) Where a decree nisi has been obtained, whether before or after the coming into operation of the Divorce
9
(Amendment) Ordinance, 1956, and no application for the decree to be made absolute has been made by the party who obtained the decree, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom the decree nisi has been granted shall be at liberty to apply to the court and the court shall, on such application, have power to make the decree absolute, reverse the decree nisi, require further inquiry or otherwise deal with the case as the court thinks fit. ".
of section
13. Section 17 of the principal Ordinance is amended by the Amendment deletion of subsections (1) and (2) and the substitution therefor of 17. the following subsections-
"(1) A petition for judicial separation may be presented to the court either by the husband or the wife on any grounds on which a petition for dissolution of marriage might have been presented, or on the ground of failure to comply with a decree for restitution of conjugal rights, or on any ground on which a decree for divorce a mensa el foro might have been pronounced in England immediately before the coming into operation of the Matrimonial Causes Act, 1857, and the provisions of section 7 of this Ordinance relating to the duty of the court on the presentation of a petition for dissolution of marriage, and the circumstances in which such a petition shall or may be granted or dismissed, shall apply in like manner to a petition for judicial separation.
(a) Where the court in accordance with the said pro- visions grants a decree for judicial separation, it shall no longer be obligatory for the petitioner to cohabit with the respondent. ".
14. Section 20 of the principal Ordinance is repealed and Repeal and replaced by the following section--
"Decree
for restitu- tien of conjugal rights.
20. A petition for restitution of conjugal rights may be presented to the court either by the husband or the wife, and the court, on being satisfied that the allegations contained in the petition are true, and that there is no legal ground why a decree for restitution
replace- ment of
section 20.
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