28. A person, instead of suing for divorce, may sue for judicial separation and the Court may grant a judicial separation for a period not exceeding three years and, if at the expiration of the period, the parties do not reconcile, then either spouse may sue for divorce; and, in every such case, a divorce shall be granted, unless the facts on which the claim is based show that the claimant is solely the party in fault: Provided that a divorce shall be granted in every case in which a party, even if innocent, refuses to be reconciled:
Provided further that, in dealing with the case, the Court may take into consideration not only the facts proved in the proceedings for judicial separation but also any other facts which may have occurred since.