CAP. 152
Matrimonial Causes
[Rev. 2012]
to be property to which this section applies, and for the purpose aforesaid the death
of the testator or intestate shall be deemed to be the date when the wife became
entitled as executrix or administratrix.
19. Protection of third parties
(1) Where a wife obtains a decree for judicial separation, the decree shall, so
far as may be necessary for the protection of any person dealing with the wife, be
valid and effectual until discharged and the discharge or variation of the decree
shall not affect any rights or remedies which any person would have had if the
decree had not been discharged or varied, in respect of any debts, contracts or
acts of the wife incurred, entered into or done during the period between the date
of the decree and the discharge or variation thereof.
(2) Any person who, in reliance on any such decree as aforesaid, makes any
payment to or permits any transfer or act to be made or done by the wife shall,
notwithstanding the subsequent discharge or variation of the decree, or the fact that
the separation has ceased or has been discontinued, be protected and indemnified
in the same way in all respects as if at the time of payment, transfer or other act
the decree were valid and still subsisting without variation in full force and effect, or
the separation had not ceased or been discontinued, as the case may be, unless
at that time that person had notice of the discharge or variation of the decree or
that the separation had eased or been discontinued.
PART IV – RESTITUTION OF CONJUGAL RIGHTS
20. Decree for restitution of conjugal rights
A petition for restitution of conjugal rights may be presented to the court by
either the husband or the wife, and the court, on being satisfied that the allegations
contained in the petition are true, and that there is no legal ground why a decree
for restitution of conjugal rights should not be granted, may make the decree
accordingly.
21. Periodical payments in lieu of attachment
(1) A decree for restitution of conjugal rights shall not be enforced by
attachment, but where the application is by the wife the court, at the time of
making the decree or at any time afterwards, may, in the event of the decree not
being complied with within any time in that behalf limited by the court, order the
respondent to make to the petitioner such periodical payments as may be just,
and the order may be enforced in the same manner as an order for alimony made
under this Act.
(2) The court may, if it thinks fit, order that the husband shall, to the satisfaction
of the court, secure to the wife the periodical payments.
[Act No. 34 of 1941, s. 3.]
PART V – PRESUMPTION OF DEATH AND DISSOLUTION OF MARRIAGE
22. Proceedings for decree of presumption of death and dissolution of
marriage
(1) Any married person who alleges that reasonable grounds exist for
supposing that the other party to the marriage is dead may present a petition to the
court to have it presumed that the other party is dead and to have the
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