Aids to Forensic Medicine and ToxicologyRobertson, W. G. Aitchison (William George Aitchison )
Science
Aids to Forensic Medicine and Toxicology
Robertson, W. G. Aitchison (William George Aitchison )
Medical jurisprudence; Poisons
A man can obtain a divorce from his wife if he can prove that she has
been guilty of adultery since her marriage. This may be established by
inference. Obviously, it is difficult in the majority of cases to
establish by ocular demonstration that adultery has been committed. But
given evidence of familiarity and affection with opportunity and
suspicious conduct, a jury will commonly infer it.
A woman cannot obtain a divorce from her husband for adultery alone. She
must prove adultery plus cruelty, or adultery plus desertion without
reasonable cause. Failing this, she may be able to prove either bigamy
or incestuous adultery. Legal cruelty is a very comprehensive term, and
does not of necessity mean physical violence. If the husband as the
result of his infidelity were to give his wife a contagious disease,
that would constitute cruelty. Taking a more extreme case, if a husband
were to have connection in her house with his wife's maid, that would
probably be held to constitute cruelty, as it would tend to lower her in
the eyes of her servants.
A wife can obtain a judicial separation if she can prove (1) adultery,
(2) cruelty, or (3) desertion without reasonable cause for two years. If
a husband is away on his business, as, for example, the case of an
officer ordered abroad, that is not desertion. For a woman to get a
judicial separation, it is sufficient if she can prove one variety of
matrimonial offence, but for a divorce she requires more than one.
The jury may find that Mrs. A. has committed adultery with Mr. B., but
that Mr. B. has not committed adultery with Mrs. A. The explanation is,
that a wife's confession is evidence against herself, but not against
another person. You can confess your own sins, but not another's.
The Divorce Law of Scotland differs materially from that of England. In
Scotland there is no decree nisi, no decree absolute, and no
intervention by the King's Proctor. Instead there is a single and final
judgment, and when a decree of divorce is pronounced the successful
litigant at once succeeds to all rights, legal and conventional, that
would have come to him or her on the death of the losing party. If the
husband is the offender, the wife in such circumstances may claim her
right to one-third of his real estate; and if there are children, to
one-third of his personal property, and to one-half if there are none.
Public-domain text, read in full here on John Shaqi.
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