A History of Matrimonial Institutions, Vol. 3 of 3Howard, George Elliott
History
A History of Matrimonial Institutions, Vol. 3 of 3
Howard, George Elliott
Families; Marriage -- History
By the law of Hawaii both kinds of divorce are provided for.
Separation from bed and board forever or for a limited time will
be granted when either spouse has been guilty of (1) excessive and
habitual ill-treatment; or (2) habitual drunkenness; and (3) to
the wife for the husband's neglect or refusal to provide her with
the necessaries of life. At any time, on joint application of the
persons, with satisfactory evidence of reconciliation, the decree
of separation may be revoked by the court. According to a unique
scheme, the grounds of absolute divorce are arranged in two groups:
(1) A marriage will be dissolved, on petition of the aggrieved, when
either consort has (_a_) committed adultery; (_b_) is guilty of
three years' wilful and utter desertion; (_c_) has been sentenced
to imprisonment for life, or for seven years or more, no pardon
effecting a restitution of conjugal rights; or (_d_) has contracted
"the disease known as Chinese leprosy, and is incapable of cure."
(2) When one of the married persons has been guilty of (_a_) extreme
cruelty; or (_b_) habitual drunkenness; and (_c_) when the husband,
being of sufficient ability to provide suitable maintenance for his
wife, neglects or refuses so to do. But it is especially enacted
that if the person applying for a decree "shall not insist upon a
divorce from the bond of matrimony, a divorce only from bed and
board shall be granted." Jurisdiction is vested in the circuit
courts of the circuit where the persons last cohabited as husband
and wife; but no divorce for any cause will be allowed if they have
never so lived together in the territory.[508]
[508] _Civil Laws of the Hawaiian Islands_ (1897), 715-21.
Public-domain text, read in full here on John Shaqi.
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