A History of Matrimonial Institutions, Vol. 1 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 1 of 3
Howard, George Elliott
Families; Marriage -- History
Among a great many peoples, even those comparatively little advanced
in general culture, the husband is permitted to divorce his wife
only for definite reasons.[760] The causes of legal divorce most
constantly recurring are adultery and sterility. In a great many
cases divorce is absolutely forbidden after a child, usually a son,
is born. It should be carefully noted that many of the alleged
examples of divorce on the ground of sterility are, strictly
speaking, not divorces at all; but rather illustrations of the
so-called "proof-marriages" so often met with in all parts of the
world. Not until the term of probation is "blessed" by the arrival
of offspring is the "marriage" in such cases regarded as complete,
though this may not always be the implied condition. With the
proof-marriages are sometimes described as identical in character
the "time-marriages" found among many peoples; but this form of
union is, properly speaking, usually a real marriage not dependent
for its consummation upon the birth of a child, being stipulated in
advance for a certain term.[761] Besides the two leading grounds of
divorce already mentioned, many others, some of them trivial, are
prescribed by the laws of various peoples. Such are mistreatment,
deformity, laziness, desertion, and incompatibility of temper.
Sometimes the consent of the chief or other public authority is
requisite. So, among the Hottentots, a man may divorce his wife
only "upon shewing such cause as shall be satisfactory to the men
of the kraal where they live;"[762] and among the aborigines of
Victoria, as already seen, a childless wife may be dismissed for
serious misconduct only when the sanction of the tribal chief is
obtained.[763] By Chinese law divorce _must_ be granted in case
of any of the numerous impediments[764] to marriage; or when the
wife is guilty of adultery. For that offense the aggrieved husband
may kill the offending wife and her paramour, if he catch them
_in flagrante delicto_. But should the woman not be slain, she is
punished, and the husband may drive her away or even sell her as a
concubine, provided he has not pandered to the crime or does not
sell her to the guilty man.[765] Furthermore, a marriage may be
dissolved by mutual agreement;[766] and the husband is entitled to
a divorce when the wife strikes him, is addicted to drunkenness
or opium smoking, has been defiled before marriage, or when she
leaves his house against his will.[767] Besides all these grounds,
established by statute or recent usage, Confucius allows the
husband a divorce for any of seven faults of the wife: barrenness,
wantonness, inattention to parents-in-law, talkativeness, theft,
jealousy, and inveterate disease such as leprosy.[768] But
these grounds will not always warrant a separation. "They may
be outweighed by particular merits of the woman or by special
circumstances. If the wife has mourned three years for the husband's
parents; if the family has grown rich during the marriage; or if
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