[Rev. 2012]
Matrimonial Causes
CAP. 152
have been presented, or on the ground of failure to comply with a decree for
restitution of conjugal rights, and the provisions of this Act relating to the duty of the
court on the presentation of a petition for divorce, and the circumstances in which
such a petition shall or may be granted or dismissed, shall apply in like manner to
a petition for judicial separation.
(2) Where the court in accordance with the said provisions grants a decree of
judicial separation, it shall no longer be obligatory for the petitioner to cohabit with
the respondent.
(3) The court may, on the application by petition of the husband or wife against
whom a decree of judicial separation has been made, and on being satisfied that
the allegations contained in the petition are true, reverse the decree at any time
after the making thereof on the ground that it was obtained in the absence of the
person making the application, or, if desertion was the ground of the decree, that
there was reasonable cause for the alleged desertion.
(4) The reversal of a decree for judicial separation shall not affect the rights
or remedies which any other person would have had if the decree had not been
reversed in respect of any debts, contracts or acts of the wife incurred, entered into
or done between the date of the decree and of the reversal thereof.
18. Wife’s property in case of judicial separation
(1) In every case of judicial separation—
(a) the wife shall, as from the date of the decree and so long as the
separation continues, be considered as a feme-sole with respect to
any property which she may acquire or which may devolve upon her,
and any such property may be disposed of by her in all respects as
a feme-sole and if she dies intestate shall devolve as if her husband
had been dead; and
(b) the wife shall, during the separation, be considered as a feme-sole
for the purpose of contract and wrongs and injuries, and of suing
and being sued, and the husband shall not be liable in respect of her
contracts or for any wrongful act or omission by her or for any costs
she incurs as plaintiff or defendant:
Provided that—
(i) where on any judicial separation alimony has been ordered to
be paid and has not been paid by the husband, he shall be
liable for necessaries supplied for the use of the wife;
(ii) if the wife returns to cohabitation with her husband, any
property to which she is entitled at the date of her return shall,
subject to any agreement in writing made between herself and
her husband while separate, be her separate property;
(iii) nothing in this section shall prevent the wife from joining at any
time during the separation in the exercise of any joint power
given to herself and her husband.
(2) In any case where the decree for judicial separation is obtained by the wife,
any property to which she is entitled for an estate in remainder or reversion at the
date of the decree, and any property to which she becomes entitled as executrix,
administratrix or trustee after the date of the decree, shall be deemed
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