Bill No. 19 Marriage And Divorce Bill 2009 136. Matrimonial causes proceedings to be in open court Proceedings in a matrimonial cause shall be in open court except that where the court considers that the parties to any proceeding or their children if any, may be unduly prejudiced, the court may hold the proceedings in camera. 137. Separation (1) Separation of parties may either be— (a) by agreement, where the parties consent to suspend cohabitation and the consent is witnessed by at least one representative of each party; or (b) by judicial separation, where a party petitions court applying for suspension of cohabitation on such grounds as would constitute a breakdown of marriage. (2) Where a decree of judicial separation or separation agreement carries a non molestation clause and a non aggrieved party forces the other party to have sexual intercourse, the party forcing the other party, commits an offence and is liable on conviction to a fine not exceeding one hundred and twenty currency points or imprisonment not exceeding five years or both the fine and imprisonment. (3) An aggrieved party shall not, if discovered that he or she participated in consensual sexual intercourse, be entitled to redress. 138. Effect of separation A decree of judicial separation or separation agreement shall relieve the parties of the duty to cohabit and to render each other consortium, except that the duty to maintain shall continue unless otherwise provided under the decree of separation. 139. Power of court to set aside or vary decree of judicial separation (1) A court shall set aside a decree of separation on the application of either or both spouses if the spouses have consented to the setting aside of the decree. 57