1496                            LAWS OF MARYLAND                     [CH. 656

provide additional grounds for divorce of three (3) FIVE (5)
years' separation, without cohabitation, and without interruption
by the parties, and to exclude the plea of res adjudicata or of re-
crimination as a bar to either party obtaining a divorce on this
ground.

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 24 of Article 16 of the Annotated Code of Maryland
(1966 Replacement Volume), title "Chancery," subtitle "Divorce and
Annulment," be and it is hereby repealed and re-enacted, with
amendments, and to read as follows:

24.

Upon a hearing of any bill for a divorce, the court may decree a
divorce a vinculo matrimonii for the following causes, to wit:
First, the impotence of either party at the time of the marriage;
secondly, for any cause which by the laws of this State, render a
marriage null and void ab initio; thirdly, for adultery; fourthly,
when the court shall be satisfied by competent testimony that the
party complained against has abandoned the party complaining, and
that such abandonment has continued uninterruptedly for at least
eighteen months, and is deliberate and final, and the separation of
the parties beyond any reasonable expectation of reconciliation;
fifthly, when the husband and wife shall have voluntarily lived
separate and apart, without any cohabitation, for eighteen con-
secutive months prior to the filing of the bill of complaint, and such
separation is beyond any reasonable expectation of reconciliation;
sixthly, when the party complained against has been convicted of a
felony or misdemeanor under the laws of this State or of any other
state of the United States and has been sentenced to serve at least
three years in any penitentiary or penal institution eighteen months
of which sentence has been served; seventhly, on the application of
either party when the husband and wife have lived separate and
apart without any cohabitation and without interruption for three
FIVE years. A plea of res adjudicata or of recrimination with respect
to any other provisions of this section shall not be a bar to either
party obtaining a divorce on this seventh ground. WHEN A
DIVORCE IS GRANTED ON THIS SEVENTH GROUND, THE
COURT, IN THE ABSENCE OF A BONA FIDE PROPERTY
DIVISION AGREEMENT BETWEEN THE PARTIES, WHICH
IT MAY EXERCISE ON THE APPLICATION OF EITHER
PARTY, MAY DIVIDE, AND DISTRIBUTE BETWEEN THE
PARTIES, ALL THEIR PROPERTY, REAL, PERSONAL OR
MIXED, OVER WHICH THE COURT HAS JURISDICTION.
THE AMOUNT AND PROPORTION OF THE PROPERTY TO
BE DIVIDED AND DISTRIBUTED SHALL BE IN THE
SOUND DISCRETION OF THE COURT AS JUST AND EQUI-
TABLE CONSIDERING ALL THE CIRCUMSTANCES OF THE
CASE.

Sec. 2. And be it further enacted, That this Act shall take effect
July 1, 1969.

Approved May 14, 1969.