Judicial divorces are granted on several grounds. First, for bigamy.
Bigamy is punishable with penal servitude for a term not exceeding two
years, and the second marriage is annulled; but the offence may
also be made the ground for the dissolution of the first. Thus, the
bigamist may, when he has served his term, find himself single and be
ready for a third marriage. Secondly, the wife may be divorced for
adultery, but not the husband. He may be divorced if he is convicted
of adultery with a married woman. The unfaithful wife and her paramour
are liable to penal servitude for a term not exceeding two years if
the charge is brought by the outraged husband. The lover cannot be
punished alone; the woman must share his fate; and only such a lover’s
wife can bring a divorce suit for adultery against her husband. But it
is very seldom that the husband applies for divorce from his wife
on the score of infidelity; such divorces are generally effected
by mutual consent unless the husband is ready to expose his family
affairs for the mere gratification of wreaking vengeance. The
delinquent wife, if brought before court, is, as has already been
stated, both punished and debarred from marrying her paramour. Besides
infidelity with a married woman, the husband, may be divorced for
immoral crimes. Divorce may also be sought if the other party is
guilty of forgery, theft, burglary, fraud, embezzlement, and other
heinous crimes. As the guilty party is usually the husband, the wife
may refuse to live any longer with one who has brought dishonour upon
the family. She may also bring an action for divorce if her husband
is imprisoned for three years or more for offences other than those
mentioned above or if she has been so ill treated or grossly insulted
by him as to make cohabitation intolerable.
The common custom in Japan of the couple living under one roof
with the parents of either party is doubtless responsible for two
other grounds for divorce, which are that an action for divorce lies
if either party ill-treats or grossly insults the ascendants of the
other or is ill treated or grossly insulted by them. Thus, without
there being any strained relations between the couple themselves,
either of them may seek divorce if ill treated or grossly insulted
by the parents or grand-parents of the other, or be sued for it if
similar treatment is offered to them. Mothers-in-law are proverbially
hard to please, and once a quarrel takes place, it is always easy to
detect insult in the high words that may pass between them and their
children’s spouses or ill-treatment in their subsequent behaviour
to each other. If they lived apart, such occurrences would be rare.
Though the wife may keep her temper and submit as far as possible,
adopted husbands are not so amenable to parental authority, and their
divorce is not unfrequent.
Public-domain text, read in full here on John Shaqi.
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