CAP. 179]
[8. 17 cont.]
9 of 1933, s. 3.
Divorce.
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 the application should not be granted, may decree judicial separation accordingly.
(3) A decree of judicial separation shall have the effect which a divorce a mensa et thoro had in England before the (20 and 21 Matrimonial Causes Act, 1857, and such other legal effect as hereinafter mentioned.
c.
Property of wife after judicial separation.
10 of 1936, Schedule.
Decree of judicial separation obtained during the absence of husband or wife may be reversed.
18. (1) In every case of judicial separation, as from the date of the decree and so long as the separation continues, any property which is acquired by or devolves upon the wife shall not be affected by any restraint upon anticipation attached to the enjoyment by the wife of any property under any settlement, agreement for a settlement, will, or other instrument; and if she dies intestate it shall devolve as if her husband had been dead.
(2) Where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife and the same is not duly paid by the husband he shall be liable for necessaries supplied for her use.
(3) Nothing in this Ordinance shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
19. (1) Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the court praying for a reversal of such decree on the ground that it was obtained in his or her absence and that there was reasonable excuse for the alleged desertion where desertion was the ground of such decree.
(2) The court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly.
374
CAP. 179]
[8. 17 cont.]
9 of 1933, s. 3.
Divorce.
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 the application should not be granted, may decree judicial separation accordingly.
(3) A decree of judicial separation shall have the effect which a divorce a mensa et thoro had in England before the (20 and 21 Matrimonial Causes Act, 1857, and such other legal effect as
hereinafter mentioned.
c.
Property of
wife after judicial separation.
10 of 1936, Schedule.
Decree of judicial separation obtained during the absence of husband or wife may be reversed.
18. (1) In every case of judicial separation, as from the date of the decree and so long as the separation continues, any property which is acquired by or devolves upon the wife shall not be affected by any restraint upon anticipation attached to the enjoyment by the wife of any property under any settlement, agreement for a settlement, will, or other instrument; and if she dies intestate it shall devolve as if her husband had been dead.
(2) Where, upon any such judicial separation, alimony has been decreed or ordered to be paid to the wife and the same is not duly paid by the husband he shall be liable for necessaries supplied for her use.
(3) Nothing in this Ordinance shall prevent the wife from joining, at any time during such separation, in the exercise of any joint power given to herself and her husband.
19. (1) Any husband or wife, upon the application of whose wife or husband, as the case may be, a decree of judicial separation has been pronounced, may, at any time thereafter, present a petition to the court praying for a reversal of such decree on the ground that it was obtained in his or her absence and that there was reasonable excuse for the alleged desertion where desertion was the ground of such decree.
(2) The court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly.
374
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