that either party was a lunatic or idiot at the time of the marriage;
that the former husband or wife of either party was living at the time of the marriage, and the marriage
with the previous husband or wife was then in force;
that the consent of either party to the marriage was obtained by force or fraud, in any case in which
the marriage might be annulled on this ground by the law of England.
(2) If the court finds that the petitioner’s case has been proved, it
shall pronounce a decree nisi declaring the marriage to be null and void.
13. Children of annulled marriage.
Where a marriage is annulled on the ground that a former husband or wife was living, and it is found
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 where a marriage is annulled on the ground of insanity,
children begotten before the decree nisi 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.
Judicial separation and protection orders.
14. Grounds for judicial separation.
A husband or wife may apply by petition to the court for a judicial separation on the ground of cruelty,
adultery, or desertion without reasonable excuse for two years or upwards, and the court, on being
satisfied that the allegations of the petition are true, and that there is no legal ground why the
application should not be granted, may decree judicial separation accordingly.
15. Property of wife after judicial separation.
Where judicial separation has been decreed under this Act, the wife shall, from the date of the decree,
and while 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, and that property may
be disposed of by her in all respects as if she were an unmarried woman, and on her decease, if she
dies intestate, shall go as it would have gone if her husband had then been dead; but if she again
cohabits with her husband, all property to which she may be entitled when that cohabitation takes
place shall be held to her separate use, subject, however, to any agreement in writing made between
herself and her husband while separate.
16. Contracts, etc. of wife after judicial separation.
Where judicial separation has been decreed under this Act, the wife shall, while the separation
continues, be considered as an unmarried woman for the purposes of contracts, wrongs and injuries,
and of suing and being sued in any civil proceedings, and her husband shall not be liable in respect of
any contract, act or costs entered into, done, omitted or incurred by her during the separation; except
that—
where alimony has been decreed or ordered to be paid to the wife upon the judicial separation, and it
is not duly paid, the husband shall be liable for necessaries supplied for her use; and