CAP. 179]
Power to vary orders.
Non-compliance with decree deemed to be desertion.
Husband may claim damages from adulterer.
Costs against co-respondent.
Proviso.
Divorce.
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. If the respondent fails to comply with a decree of the court for restitution of conjugal rights, such respondent 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 separation may be pronounced although the period of two years has not elapsed since the failure to comply with the decree for restitution of conjugal rights.
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 the co-respondent to pay the whole or any part of the costs of the proceedings.
(2) The co-respondent shall not be ordered to pay the petitioner's costs-
(a) if the respondent was at the time of the adultery living apart from her husband and leading the life of a prostitute; or
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CAP. 179]
Power to
vary orders.
Non- compliance with decree deemed to be desertion.
Husband may claim damages from
adulterer.
Costs against co- respondent
Proviso.
Divorce.
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. If the respondent fails to comply with a decree of the court for restitution of conjugal rights, such respondent 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 has not elapsed since the failure to comply with the decree for restitution of conjugal rights.
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 the co-respondent to pay the whole or any part of the costs of the proceedings.
(2) The co-respondent shall not be ordered to pay the petitioner's costs-
(a) if the respondent was at the time of the adultery living apart from her husband and leading the life of a prostitute; or
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