Report No. 15
31. Divorce after decree for judicial separation.-
Where in respect of any marriage, solemnised whether before or after the commencement of this Act, a decree for judicial separation has been passed, and there has been no resumption of co-habitation as between the parties to the marriage for a period of two years or upwards after the passing of the decree, either party may, by an application in the proceeding in which the decree was passed, pray for a dissolution of the marriage by a decree of divorce; and the court may, on being satisfied of the truth of the statements made in such application, pass a decree accordingly.1
1. If it is considered that a fresh proceeding for divorce should be filed, the clause can run as follows:-
"Either the husband or the wife may also present a petition for the dissolution of the marriage by a decree of divorce on the ground that there has been no resumption of cohabitation as between the parties to the marriage for a period of two years or upwards after the passing of a decree for judicial separation in a proceeding to which they were parties".