Legitimacy of children of
annuited marriages.
1965, c. 72, 5. 11.
Judicial separation.
1965, c. 72. 3. 12.
Restitution of conjugal rights. 1965, c. 72,
2 13.
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23. 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 at the date of the decree it had been dissolved instead of being annulled shall be deemed to be their legitimate child.
PART V.
OTHER MATRIMONIAL SUITS.
24. (1) A petition for judicial separation may be presented to the court by the husband or the wife-
(a) on any of the grounds specified in section Il; or
(6) on the ground of failure to comply with a decree for restitution
of conjugal rights; or
(c) on any ground on which a decree of divorce a mensa of thora might have been pronounced immediately before the com- mencement of the Matrimonial Causes Act 1857;
and section 11 and subsections (1) to (4) of section 15 shall apply in relation to such a petition as they apply in relation to a petition for divorce but as if the reference in subsection (3) of section 15 to sub- section (5) of section 15 were omitted.
(2) Where the court grants a decree of judicial separation it shall no longer be obligatory for the petitioner to cohabit with the respondent.
(3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and ou being satisfied that the allegations in the petition are true, rescind the 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. (1) A petition for restitution of conjugal rights may be presented to the court by the husband or the wife; and the court, an being satisfied that
(a) the allegations contained in the petition are true; and
(b) there is no legal ground why a decree for restitution of con-
jugal rights should not be granted,
may grant the decree accordingly.
(2) A decree for restitution of conjugal rights shall not be enforced by imprisonment.
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dissolution
26. (1) Any married person who alleges that reasonable grounds Presumption exist for supposing that the other party to the marriage is dead may of death and present a petition to the court to have it presumed that the other of marriage. party is dead and to have the marriage dissolved, and the court may, 1965, c. 72. if satisfied that such reasonable grounds exist, make a decree of 5. 14. presumption of death and dissolution of the marriage,
(2) In any proceedings under this section the fact that for a period of seven 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) Subsection (7) of section 15 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.
PART VI.
ANCILLARY RELIEF.
17. On a petition for divorce, nullity of marriage, judicial Interim separation or restitution of conjugal rights, the court may make such Orders for interim orders as it thinks just for the payment of alimony-
alimony. 1965, c. 72.
(a) in any case other than a case falling within paragraph (b) of *. 15.
this section, to the wife; and
(b) in the case of a petition for divorce or judicial separation presented by a wife on the ground of her husband's insanity, to the husband.
28. (1) On granting a decree of divorce or at any time thereafter Maintenance (whether before or after the decree is made absolute), the court may, if orders.
it thinks fit and subject to subsection (3), make one or more of the 1965, 77, following orders......
(a) an order requiring the husband to secure to the wife, to the satisfaction of the court, such lump or annual sum for any term not exceeding her life as the court thinks reasonable having regard to her fortune (if any), his ability and the conduct of the parties;
(b) an order requiring the busband to pay to the wife during their joint lives such monthly or weekly sum for her maintenance as the court thinks reasonable;
(c) an order requiring the husband to pay to the wife such lump
sum as the court thinks reasonable.
16.
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