[Rev. 2012] Matrimonial Causes CAP. 152 marriage dissolved, and the court, if satisfied that such reasonable grounds exist, may make a decree of presumption of death and of dissolution of the marriage. (2) In any such proceedings the fact that for a period of seven years or upwards the other party to the marriage has been continually absent from the petitioner, and that the petitioner has no reason to believe that the other party has been living within that time, shall be evidence that he or she is dead until the contrary is proved. (3) Sections 15, 16, 34 and 35 of this Act shall apply to a petition and a decree under this section as they apply to a petition for divorce and a decree of divorce respectively. PART VI – ANCILLARY RELIEF 23. Damages (1) A husband may, on a petition for divorce or for judicial separation or for damages only, claim damages from any person on the ground of adultery with the wife of the petitioner. (2) The court may direct in what manner the damages recovered on any such petition are to be paid or applied, and may direct the whole or any part of the damages to be settled for the benefit of the children, if any, of the marriage, or as a provision for the maintenance of the wife. 24. Cost against a co-respondent A co-respondent may be ordered to pay the whole or any part of the costs of the proceedings if adultery, with the wife of the petitioner has been established against him: Provided that he shall not be ordered to pay the costs of the petitioner— (i) if at the time of the adultery he had no reason to believe the respondent to be a married woman; or (ii) if the respondent was, at the time of the adultery, living apart from her husband and leading the life of a prostitute. 25. Alimony pendente lite, alimony and maintenance (1) In any suit under this Act, the wife may apply to the court for alimony pending the suit, and the court may thereupon make such order as it may deem just: Provided that alimony pending the suit shall in no case exceed one-fifth of the husband’s average net income for the three years next preceding the date of the order, and shall continue in the case of a decree nisi of dissolution of marriage or of nullity of marriage until the decree is made absolute. (2) The court may, if it thinks fit, on any decree for divorce or nullity of marriage, order that the husband shall, to the satisfaction of the court, secure to the wife such gross sum of money or annual sum of money for any term, not exceeding her life, as, having regard to her fortune, if any, to the ability of her husband and to the conduct of the parties, the court may deem to be reasonable. (3) In any such case as aforesaid the court may, if it thinks fit, by order, either in addition to or instead of an order under subsection (2) of this section, direct the M9 - 13 [Issue 1]