192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 5

Children

of annulled marriage.

When

decree misi to be made absolute.

Grounds

separation.

780

15. Where a marriage is annulled on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree nisi is made shall be specified in the decree and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

Decree Absolute.

16.--(1) A decree nisi for dissolution of marriage or for nullity of marriage may be made absolute after the expiration of such time, not less than three months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.

(2) During that period any party may, in such manner as is prescribed or as is directed by the court in any suit, show cause why the decree nisi should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the court.

(3) At any time during the progress of the suit or before the decree is made absolute any person may give information to the Attorney General of any matter material to the due decision of the case or affecting the jurisdiction of the court, who may thereupon take such steps as he deems necessary or expedient.

(4) If from any such information or otherwise he suspects that any parties to the suit are or have been acting in collusion for the purpose of obtaining a decree of dissolution of marriage or of nullity of marriage contrary to the justice of the case, or that material facts have not been brought before the court, he may intervene in the suit and show cause why the decree nisi should not be made absolute.

(5) On cause being so shown, the court shall make the decree absolute, or reverse the decree nisi, or require further inquiry or otherwise deal with the case as justice demands.

(6) The court may order the costs arising from such cause being shown and from such intervention, including the costs of the Attorney General, to be paid by the parties or such one or more of them, including a wife if she has separate property, as it thinks fit.

(7) Whenever a decree nisi has been made and the petitioner fails to move within a reasonable time to have such decree nisi made absolute, the court may dismiss the suit.

Judicial Separation.

17.-(1) A husband or wife may present a petition to for judicial the court for a judicial separation on the ground of adultery or cruelty or desertion without reasonable excuse for two years or upwards.

(2) The court, on being satisfied that the statements in such petition are true and that there is no legal ground why

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