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Report No. 15

26. Effect of judicial separation on duty to cohabit.-

(1) Where a decree for judicial separation has been passed, it shall no longer be obligatory for the petitioner to cohabit with the respondent.

[Section 22, latter part, and section 26, Divorce Act.]

(2) The court may, on the application by petition of either party and on being satisfied of the truth of the statements made in such petition, rescind the decree where the parties have expressed a desire to come together and to resume cohabitation or where for any other reason the court considers it just and reasonable to rescind the decree.

[Cf. section 10 (2), S.M.A.]
[Cf. section 3 (2), S.M.A.]
[Cf. section (14)(2) and 14(3), M.C.A.]

Report on the Law of Christian Marriage and Divorce Back

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