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Report No. 15

Chapter IV

Restitution or Conjugal Rights

24. Restitution.-

(1) When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court, for restitution of conjugal rights.

[Section 32, part, Divorce Act] [Cf. section 9, H.M.A., section 22, S.M.A.]

(2) Nothing shall be pleaded in answer 4o such petition which would not be a ground for judicial separation or for nullity of marriage or for divorce.

[Section 33, Divorce Act,]

(3) The court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why a decree of restitution of conjugal rights should not be granted, may decree restitution of conjugal rights accordingly.

[Section 32, part, Divorce Act.]

Report on the Law of Christian Marriage and Divorce Back

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