Wilful desertion is a valid ground for divorce. The term of absence
justifying such action is three years. An adopted son who severs his
connection with the family is divorced from his wife if she is the
daughter of the house; but if she is not, she may leave it with her
husband. If she is the head of the family, the divorce of her adopted
husband dissolves both family and marital relations at the same time;
and if she wishes to follow him, she must give up her position as head
of the family and be married to him afresh.
Any arrangements may be made for the custody of the children after
divorce; but in the absence of special agreement, the principle
followed is that the children belong to the family in which they
were born. Thus, they belong as a rule to the father; but if he has
been adopted as husband, they fall to the care of their mother.
Judicial divorces are, as already stated, seldom applied for. There
have been a few cases of divorce for adultery, which, where proved,
always ended in the imprisonment of the unfaithful wife and her
paramour. These criminal suits have not so far been accompanied
by civil actions; the Japanese husband is satisfied with the
incarceration of the destroyer of his domestic happiness. Seeing that
his wife is party to the ruin of his home, he would not dream of being
indemnified for it, as a woman who is capable of infidelity is
in his opinion bound sooner or later to dishonour her husband. To the
Japanese there is something repugnantly mercenary in claiming damages
for his wife’s forfeiture of chastity in the same way as he might for
the loss of any piece of property.
Pecuniary considerations enter as little into actions for breach of
promise of marriage. Since the new Civil Code came into operation,
there has been only one such case brought into court. It was decided
in favour of the plaintiff; but the court merely ordered the promise
of marriage to be carried out and did not enter into consideration of
any pecuniary compensation for the breach. But then there is really
nothing to assess when an engagement is broken off in Japan. All that
is necessary when the other party consents to its being broken off,
is to return in kind or value the betrothal presents. As the engaged
couple, if they ever do write to each other, only send formal letters
with the compliments of the season or inquiries after each other’s
health, these epistles afford no means of measuring the suffering
entailed by the breach of faith. Neither do the lovers go out
together; and on the very rare occasions when they walk with each
other, they are accompanied, not by a conniving gooseberry, but by an
Argus-eyed chaperon who frowns upon the least departure from strict
propriety. So that their behaviour in each other’s company gives as
little guidance as the letters in the assessment of the damage done to
the jilted lover’s heart.
Public-domain text, read in full here on John Shaqi.
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