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
In New Mexico the district courts may grant absolute divorce for
(1) abandonment; (2) adultery; (3) impotency; (4) when without
the husband's knowledge the wife at the time of the marriage was
pregnant by another man; (5) cruel and inhuman treatment; (6)
to the wife for the husband's neglect to support; (7) habitual
drunkenness; (8) conviction and imprisonment for felony subsequent
to the marriage.[259] Separation _a mensa et thoro_ does not exist;
but in the laws of 1884 there is a curious provision, which seems
designed, in a truly patriarchal spirit, to soothe domestic ills
and check matrimonial transgressions through intervention of the
local magistrate. One is left in little doubt as to the right ideal
of family life, being assured that "the duties and relations that
should exist between married persons are the following, to wit: The
husband is the head of the family; he, nevertheless, owes fidelity,
favor, support, and protection to the wife; he should make her a
participant in all the conveniences he enjoys; he should show her
the utmost and every attention in cases of sickness, misfortune or
accident, and provide for her the necessaries of life according to
his condition and ability; and the wife owes fidelity and obedience
to the husband; she is obliged to live with him and accompany him
to such place as he may deem proper and advantageous to make his
residence." So when any difficulty arises on account of failure
in any of these things, the injured person may go before the
justice of the peace in his "precinct and make complaint demanding
judicial action." Then the magistrate "shall forthwith dispatch
his compulsory writ directing the party defendant immediately to
appear to such complaint; both parties being present, it shall be
the duty of the justice to endeavor to effect a reconciliation,
the first of which endeavors he shall enter on record upon his
docket, affording the parties a reasonable opportunity; but if after
having so done, the person making the complaint does not agree, the
justice shall then proceed to try the matter in a summary manner,
provided always, that the reasons for disagreement are simple,
such as non-fulfillment" of the duties above set forth. In "case
of conviction he shall cause the delinquent to act as required by
the laws of the conjugal relation;" and when there is resistance
he "may order that such person be confined in the county jail,
there to remain until he comply with those duties by which both
the husband and wife were mutually bound." Furthermore, it is
especially provided, that when any persons are thus put in jail "for
an infraction of duty" and fail to "furnish their own provision,"
the sheriff may "dispose of their services for their maintenance."
Should, however, the trouble "arise from adultery, or cruelty,
or ill temper, rendering the life of the consort insecure, the
justice ... shall, after due investigation send the case up to the
Public-domain text, read in full here on John Shaqi.
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