CHANCERY 559

For a case involving the application of the removal under the act of 1824, ch. 196, and
the writ of ne exeat, to cases arising under this section, see Bayly v. Bayly, 2 Md.
Ch. 329.

The portion of this section authorizing the court to revoke a divorce a mensa, referred
to. Sharp v. Sharp, 105 Md. 585.

Permanent alimony may only be granted upon grounds sufficient to support decree
for divorce. Strzegowski v. Strzegowski, 175 Md. 58.

Cited in Timanus v. Timanus, Daily Record, Jan. 15, 1940.

See notes to secs. 14, 38 and 39.

An. Code, 1924, sec. 39A. 1931, ch. 220.

42. Any deed or agreement made between husband and, wife respect-
ing support, maintenance, property rights, or personal rights, or any settle-
ment made in lieu of support, maintenance, property rights or personal
rights shall be valid, binding and enforceable to every intent and purpose,
and such deed or agreement shall not be a bar to an action for divorce,
either a vinculo matrimonii or a, mensa et thoro, as the case may be,
whether the cause for divorce existed at the time or arose prior or subse-
quent to the time of the execution of said deed or agreement, or whether at
the time of making such deed or agreement the parties were living together
or apart; provided, that whenever any such deed or agreement shall make
provision for or in any manner affect the care, custody, education or
maintenance of any infant child or children of the parties the court shall
have the right to modify such deed or agreement in respect to such infants
as to the court may seem proper, looking always to the best interests of
such infants.

Cited in construing Sec. 40. Campbell v'. Campbell, 174 Md. 251.

An. Code, 1924, sec. 40. 1912, sec. 39. 1904, sec. 38. 1888, sec. 38. 1841, ch. 262, sec. 5.

1843, ch. 287. 1886, ch. 10.

43. No person shall be entitled to make application for a divorce, where
the causes for divorce occurred out of this State, unless the party plaintiff
or defendant shall have resided within this State for two years next pre-
ceding such application.

A court of equity has jurisdiction under this section and sec. 38, where adultery is
committed in this state, both husband and wife being at the time non-residents of
Maryland, but the wife becoming a resident of this state a few months prior to the
filing of the bill. A wife may establish a domicile separate from her husband. Adams v.
Adams, 101 Md. 507.

Applicant for divorce for causes outside of State failed to submit satisfactory evi-
dence of residence in State for 2 years next preceding application. Willingham v.
Willlngham, 162 Md. 539.

Cited but not construed in Brown v. Brown, 2 Md. Ch. 319.

See notes to sec. 38.

An. Code, 1924, sec. 41. 1912, sec. 40. 1904, sec. 39. 1888, sec. 39. 1842, ch. 198,

sec. 1. 1906, ch. 765.

44. When a bill prays for a divorce a vinculo matrimonii, the fact
that the parties have been divorced a mensa et thoro shall not be taken
to interfere with the jurisdiction of the court over the subject, and a party
who has obtained a divorce a mensa et thoro on the ground of abandonment,
which at the time of obtaining said divorce was not of the character and
duration specified in section 40 of this article, shall not be estopped thereby
from subsequently obtaining a divorce a vinculo matrimonii on the ground
of abandonment proved to be of the character and duration specified in said
section 40.

One who has obtained divorce a mensa on ground of abandonment which was of
character and duration entitling to divorce a vinculo cannot thereafter secure latter on
ground of abandonment. Miller v. Miller, 153 Md. 219.

Divorce a mensa in favor of the wife on the ground of abandonment does not prevent
absolute divorce for wife's subsequent adultery. Williams v. Williams, 156 Md. 10.