(III.—Dissolution of Marriage. Sec. 17. IV.-Nullity of Marriage. Secs. 18-19.) 17. Every decree for a dissolution of marriage made by a District Judge Confirmation shall be subject to confirmation by the High Court. Cases for confirmation of a decree for dissolution of marriage shall be heard (where the number of the Judges of the High Court is three or upwards) by a Court composed of three such Judges, and in case of difference the opinion of the majority shall prevail, or (where the number of the Judges of the High Court is two) by a Court composed of such two Judges, and in case of difference the opini on of the senior Judge shall prevail. The High Court, if it think further enquiry or additional evidence to be necessary, may direct such enquiry to be made or such evidence to be taken. The result of such enquiry and the additional evidence shall be certified to the High Court by the District Judge, and the High Court shall thereupon make an order confirming the decree for dissolution of marriage, or such other order as to the Court seems fit: Provided that no decree shall be confirmed under this section till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court by general or special order from time to time directs. During the progress of the suit in the Court of the District Judge, any person, suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the High Court shall thereupon, if it think fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary to enable him to make a decree in accordance with the justice of the case. IV-Nullity of Marriage. 18. Any husband or wife may present a petition to the District Court or to the High Court, praying that his or her marriage may be declared null and void. 19. Such decree may be made on any of the following grounds : -- (1) that the respondent was impotent at the time of the marriage and at (2) that the parties are within the prohibited degrees of consanguinity of decree for dissolution by District Judge. Petition for decree of nullity. Grounds of decrees. Confirmation of District Judge's de cree. Children of riage. (IV-Nullity of Marriage. Secs. 20-21. 22-24.) V.-Judicial Separation. Secs. (3) that either party was a lunatic or idiot at the time of the marriage; Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. 20. Every decree of nullity of marriage made by a District Judge shall be subject to confirmation by the High Court, and the provisions of section 17, clauses 1, 2, 3 and 4, shall, mutatis mutandis, apply to such decrees. 21. Where a marriage is annulled on the ground that a former husband or annulled mar- 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 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. Bar to decree for divorce a menså et toro; but judicial separation obtainable by husband or wife. Application for separation tion. V.-Judicial Separation. 22. No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion without reasonable excuse for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as hereinafter mentioned. 23. Application for judicial separation on any one of the grounds aforemade by peti- said may be made by either husband or wife by petition to the District Court or the High Court; and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly. Separated wife deemed spinster with respect to after-acquired property. 24. In every case of a judicial separation under this Act, the wife shall, from the date of the sentence, and whilst the separation continues, be considered as unmarried with respect to property of every description which she may acquire, or which may come to or devolve upon her. Such property may be disposed of by her in all respects as an unmarried woman, and on her decease the same shall, in case she dies intestate, go as the same would have gone if her husband had been then dead: X of 1865. (P-Judicial Separation. Sec. 25. Reversal of Decree of Separation. Sec. Provided that, if any such wife again cohabits with her husband, all such Separated wife ter for purposes of con deemed spins 25. In every case of a judicial separation under this Act, the wife shall whilst so separated, be considered as an unmarried woman for the purposes of contract, and wrongs and injuries, and suing and being sued in any civil pro- Pract and ceeding; and her husband shall not be liable in respect of any contract, act or suing. costs entered into, done, omitted or incurred by her during the separation : Provided that where, upon any such judicial separation, alimony has been any time Reversal of Decree of Separation. 26. 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 by which the decree was pronounced, 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. The Court may, on being satisfied of the truth of the allegations of such petition, reverse the decree accordingly; but such reversal shall not prejudice or affect the rights or remedies which any other person would have had, in case it had not been decreed, in respect of any debts, contracts or acts of the wife incurred, entered into or done between the times of the sentence of separation and of the reversal thereof. VI-Protection-orders. 27. Any wife to whom section 4 of the Indian Succession Act, 1865, does not apply, may, when deserted by her husband, present a petition to the District Court or the High Court, at any time after such desertion, for an order to protect any property which she may have acquired or may acquire, and any property of which she may have become possessed or may become possessed after such desertion, against her husband or his creditors, or any person claiming under him. 'Printed, General Acts, Vol. I, Ed. 1898, p. 468. Decree of septained during absence of aration ob husband or wife may be reversed. Deserted wife may apply to Court for pro tection. Court may (VI.-Protection-orders. Secs. 28-31. VII.-Restitution of Conjugal Rights. Secs 32-33. VIII.-Damages and Costs. Sec. 34.) 28. The Court, if satisfied of the fact of such desertion, and that the same grant protec- was without reasonable excuse, and that the wife is maintaining herself by her tion-order. Discharge or variation of orders. Liability of husband seiz ing wife's own industry or property, may make and give to the wife an order protecting her earnings and other property from her husband and all creditors and persons claiming under him. Every such order shall state the time at which the desertion commenced, and shall, as regards all persons dealing with the wife in reliance thereon, be conclusive as to such time. 29. The husband or any creditor of, or person claiming under him, may apply to the Court by which such order was made for the discharge or variation thereof, and the Court, if the desertion has ceased, or if for any other reason it think fit so to do, may discharge or vary the order accordingly. 30. If the husband, or any creditor of, or person claiming under, the husband, seizes or continues to hold any property of the wife after notice of any property after such order, he shall be liable, at the suit of the wife (which she is hereby empowered to bring), to return or deliver to her the specific property, and also to pay her a sum equal to double its value. notice of order. Wife's legal position during continu 31. So long as any such order of protection remains in force, the wife shall be and be deemed to have been, during such desertion of her, in the like posiance of order. tion in all respects, with regard to property and contracts and suing and being sued, as she would be under this Act if she obtained a decree of judicial separation. Petition for restitution of conjugal rights. Answer to petition. Husband may claim damages from adulterer. VII.-Restitution of Conjugal Rights. 32. When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, either wife or husband may apply, by petition to the District Court or the High Court, for restitution of conjugal rights, and the Court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 33. Nothing shall be pleaded in answer to a petition for restitution of conjugal rights which would not be ground for a suit for judicial separation or for a decree of nullity of marriage. VIII-Damages and Costs. 34. Any husband may, either in a petition for dissolution of marriage or for judicial separation, or in a petition to the District Court or the High 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. (VIII.—Damages and Costs. Sec. 35. IX.-Alimony. Secs. 36-37.) 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. The damages to be recovered on any such petition shall be ascertained by the said Court, although the respondents or either of them may not appear. After the decision has been given, the Court may direct in what manner such damages shall be paid or applied. 35. 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 cost of the proceedings : Provided that the co-respondent shall not be ordered to pay the petitioner's costs (1) if the respondent was, at the time of the adultery, living apart from her husband and leading the life of a prostitute, or (2) if the co-respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman. Whenever any application is made under section 17, the Court, if it thinks that the applicant had no grounds or no sufficient grounds for intervening, may order him to pay the whole or any part of the costs occasioned by the application. IX.-Alimony. Power to order adulter. er to pay costs. Power to order litigious intervenor to pay costs. dente lite. 36. In any suit under this Act, whether it be instituted by a husband or Alimony pen a wife, and whether or not she has obtained an order of protection, the wife may present a petition for alimony pending the suit. Such petition shall be served on the husband; and the Court, on being satisfied of the truth of the statements therein contained, may make such order on the husband for payment to the wife of alimony pending the suit as it may deem just: Provided that alimony pending the suit shall in no case exceed one-fifth of the husband's average nett income for the three years next preceding the date of the order, and shall continue, in case of a decree for dissolution of marriage or of nullity of marriage, until the decree is made absolute or is confirmed, as the case may be. 37. The High Court may, if it think fit, on any decree absolute declaring a marriage to be dissolved, or on any decree of judicial separation obtained by the wife, Fower to order perma |