Chapter V RESTITUTION OF CONJUGAL RIGHTS AND JUDICIAL SEPARATION

When either the husband or the wife has, without reasonable excuse, withdrawn from the society of the other, the aggrieved party may apply by petition to the district court for restitution of conjugal rights, and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree restitution of conjugal rights accordingly. 1[Explanation.-- Where a question arises whether there has been reasonable excuse for withdrawal from the society, the burden of providing reasonable excuse shall be on the person who has withdrawn from the society.]

¹ Explanation added by Act 68 of 1976, s. 23 (w.e.f. 27-5-1976).

1. (1) A petition for judicial separation may be presented to the district court either by the husband or the wife,--
   • (a) on any of the grounds specified 1[in sub-section (1) 2[and sub-section (1A)] of section 27] on which a petition for divorce might have been presented; or
   • (b) on the ground of failure to comply with a decree for restitution of conjugal rights; and the court, on being satisfied of the truth of the statements made in such petition, and that there is no legal ground why the application should not be granted, may decree judicial separation accordingly.
2. (2) Where the court grants a decree for judicial separation, it shall be no longer obligatory for the petitioner to cohabit with the respondent, but 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 if it considers it just and reasonable to do so.

¹ Subs. by Act 29 of 1970, s. 2, for certain words (w.e.f. 12-8-1970).

² Ins. by Act 68 of 1976, s. 24 (w.e.f. 27-5-1976).