192987-1932-Supplementary-Draft-Bills--Marriage-Amendment — Page 7

Settlement

of wife's property.

Power to vary orders.

Non-

coru·liance

with decree

desertion.

782

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.

24. The court may vary or modify any order for the periodical payment of money, either by altering the times of payment or by increasing or diminishing the amount, or may temporarily suspend the same as to the whole or any part of the money so ordered to be paid, and again revive the same order wholly or in part, as the court thinks just.

25.-(1) If the respondent fails to comply with a decree of the court for restitution of conjugal rights, such respondent. deemed to be shall thereupon be deemed to have been guilty of desertion without reasonable cause and a suit for judicial separation may forthwith be instituted, and a sentence of judicial separa- tion may be pronounced although the period of two years have not elapsed since the failure to comply with the decree for restitution of conjugal rights.

Husband may claim damages from

adulterer.

Costs against co- respondent

(2) When any husband who has been guilty of desertion by failure on his part to comply with a decree for restitution of conjugal rights has also been guilty of adultery, the wife may forthwith present a petition for dissolution of her marriage, and the court may pronounce a decree nisi for the dissolution of the marriage on the grounds of adultery coupled with desertion.

(3) Such decree nisi shall not be made absolute until after the expiration of such time, not less than three calendar months from the pronouncing thereof, as is prescribed or as is fixed by the court in any suit.

Damages and Costs.

26. (1) Any husband may, either in a petition for dissolution of marriage or for judicial separation or in a petition to the court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such petitioner.

(2) Such petition shall be served on the alleged adulterer and the wife, unless the court dispenses with such service or directs some other service to be substituted.

(3) The damages to be recovered on any such petition shall be ascertained by the court, although the respondents or either of them may not appear.

(4) After the decision has been given the court may direct in what manner such damages shall be paid or applied.

27.(1) Whenever in any petition presented by a husband the alleged adulterer has been made a co-respondent and the adultery has been established, the court may order