PART VI GENERAL EFFECTS OF MARRIAGE
Conjugal union

36. The solemnization of marriage creates a conjugal union between the parties who, thereby, bind themselves to preserve the weal of the common relationship with fidelity and mutual assistance in harmonious co-operation and to take care of their children.

Status of spouses

37.-(1) The husband is the head of the conjugal union; he determines the place of residence and, subject to the provisions of section 47, is generally charged with the care and support of the family.

(2) The wife shall adopt the family name of the husband; she shall assist the husband and support him with all her ability in the maintenance of the home and shall have the management of the household affairs.

Protection of marital union

38. If a party to a marriage neglects his marital duty or by his conduct brings danger, dishonour or material injury upon the other party, the injured party may apply to the Court for intervention and relief. The Court shall call the attention of the party in fault and, if such party persists in his neglect or conduct, the Court may award such compensation to the injured party as to the Court may seem fit.

Parties may live separately

39.-(1) Where the health, reputation or the work of the one of the spouses is seriously injured by living together, the innocent party may, for as long as the danger of injury exists, live separately from the other party.

(2) Where the Court is satisfied that there are good grounds for the parties to live separately, the Court may, on the application of the innocent party, direct the other party to pay such amount for the maintenance of the innocent party as to the Court may seem fit.

Debts due to husband and wife

40. If the husband, though able so to do, fails or neglects to make adequate provision for the wife or children, the Court may direct that any debt due to the husband shall be paid to the wife in whole or in part for her maintenance and the maintenance of the children: Provided that nothing shall affect any order attaching such debts made in favour of a third party under any Law in force for the time being.

Variation of arrangements under this Part

41. The Court shall have power to set aside or vary any arrangement made under this Part of this Law whenever the cause which led to such arrangement has disappeared.