s 58
(1) On a petition for divorce presented by-the husband in which adultery is alleged, or in the answer of a husband praying for divorce and alleging adultery, the husband respondent. shall make the alleged adulterer a co-respondent unless excused by the court on special grounds ffom doing so; a petition by the husband may inchide a prayer that the co-respondent be condemned in damages in respect of the alleged adultery. (2) On a petition for divorce presented by the wife in which adulteryis alleged the court may, it it thinks fit direct that the alleged adulteress be made a co-respondent and the petition may then include a prayer that she be condemned in damages for the said adultery. IPt. VI, S. 58-61] r(3):Where damages have been claimed. against a co-respondent- "' C) if, after the close of the evidence for the petitioner, •the court is of the opinion that there is not sufficient evidence against the co-respondent to justify requirng bum or her to reply, the co-respondent shall b lischarged from the proceedings; o :(b) if, at the conclusion of the hearing, the court is fit, but so that the award shall not include any exemplary or punitive element. 59 (1) The court may award damages against a co-coure respondent notwithstanding that the petition against the respondent is dismissed or adjourned. e0(2)The court shall have power, when awarding damages, adultery. to direct that such damages or any part thereot, be vestec in trustees upon trust to pay the income or capital thereoi for the beneit of the minor children, if any, of the marriage ? where the petitioner is required to pay mamntenance to the respondent, in or towards the payment of such maintenancê, and subject thereto in trust for the petitioner. :(3). Whenever in any petition presented by a husband the alleged adultery has been established against the corespondent, the court may order the co-respondent to pay the Whole or any part of the costs of the proceedings provided that no such order for costs shall be made it the respöndent was at the time of the adultery living apart from the husband and living the life of a prostitute or if ,Co-respondent had not at the time of the adultery reason to believe the respondent to be a marriéd woman. Ou.Iltin any proceedings tor divorce the respondent alleges Hearing of agamnst the petitioner and proves any such fact as is men- petition. loned mn section 34 the court may give the respondent th elief to which the respondent would have been entitled i the respondent had présented a petition seeking that relief. be a decree nisi and shall not be made absolute before the •by. general or special order from time to time fixes a shorter period. [et. VI, S. 61-63] Pion ta ae court ad on that aped i te co naica- (a) notwithstanding the provisions of the last foregoing subsection, make the decree absolute; (b) rescind the decree nisi; (c) require further inquiry; or (d) otherwise deal with the case as it thinks fit. soar e2. here a decre of divoroe has been made absolute and (a) there is no right of appeal against the decree absolute; (b) the time for appealing against the decree absolute has expired without an appeal having been brought; (c) an appeal against the decree absolute has been dismissed, either party to the former marriage may marry again. For diecdings 63. (1) Any married person who alleges that reasonable presumplion of death and divorce. have it presumed that the other party is dead and to have the marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree nisi of presumption of death and of divorce. (2) In any such proceedings the fact that for a period has been living within that time, shall be evidence that he or she is dead until the contrary is proved. : (3) Sections 61 and 62 shall apply to a petition and a ecreé under this section as they apply to a petition fo ivorce and a decree of divorce respectively. IPt. VI, S. 64-66] LAW RBFORM (MARRIAGE AND DIVORCB) Judicial Separation such a petition as they apply in relation to a petition for divorce. (2) Where a court grants a decree of judicial separation it shall n1o longer be obligatory for the petitioner to cohabit with the respondent. (3) The court may, on an application by petition of the spouse against whom a decree of judicial separation has been made and on being satisfied that the allegations in the petition are true, rescind the decree at any time on the ground that it was obtained in the absence of the applicant or, if desertion was the ground of the decree, that there was reasonable cause for the alleged desertion.