Section 22 of The Divorce Act, 1869
No decree shall hereafter be made for a divorce a mensa et toro, but the husband or wife may obtain a decree of judicial separation, on the ground of adultery, or cruelty, or desertion 1 *** for two years or upwards, and such decree shall have the effect of a divorce a mensa et toro under the existing law, and such other legal effect as here in after mentioned.
Summary
- This rule permanently bars the courts from issuing the older type of separation decree known as divorce a mensa et toro.
- Instead, a husband or wife can now obtain a modern decree of judicial separation.
- A judicial separation can be granted on the grounds of adultery, cruelty, or desertion for two years or upwards.
- The new decree of judicial separation has the same legal effect that the old divorce a mensa et toro had under existing law.
Practical examples
FAQ
1. Can I still get a divorce a mensa et toro?
No, the law bars any new decrees from being made for a divorce a mensa et toro.
2. What is the modern equivalent provided by this section?
A husband or wife may obtain a decree of judicial separation instead.
3. What are the valid grounds for a judicial separation under this rule?
The grounds are adultery, cruelty, or desertion for two years or upwards.
4. How long must desertion last to qualify for this separation?
The desertion must last for two years or upwards.
Test yourself
Q1.Under Section 22 of The Divorce Act, 1869, which specific type of historical decree is explicitly barred from being made in the future?
Q2.Under Section 22 of The Divorce Act, 1869, how long must desertion last to be a valid ground for a judicial separation?
Q3.Under Section 22 of The Divorce Act, 1869, what legal effect does the new decree of judicial separation have?
Q4.If a spouse wants to apply for a judicial separation under Section 22 of The Divorce Act, 1869, which combination of grounds provides a valid basis according to this specific provision?