Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
Upon the granting of a divorce decree in the wife's favour the court has
power to grant the wife permanent alimony, the amount of which depends on
all such facts as the husband's fortune and income, the wife's income and
needs and the social status of the parties.
If there are children under full age, the issue of the marriage, the court
will in the exercise of its discretion make such order concerning their
custody, support and education as the ends of justice may require.
JUDICIAL SEPARATION.--Under the Divorce and Matrimonial Compilation Act a
decree of judicial separation, which is the same in effect as a divorce
from bed and board under the old law, may be obtained by either spouse
upon the following grounds:
1. Adultery.
2. Cruelty.
3. Desertion without just cause continued for two years.
SUMMARY JURISDICTION ACT.--Besides the ordinary suit for a judicial
separation a wife may obtain speedy and inexpensive relief by making an
application to a stipendiary magistrate for an order of separation and
maintenance.
The causes sufficient for the granting of such relief are:
A. Habitual drunkenness of the husband, coupled with habitual cruelty to,
or neglect of, the wife and family.
B. Desertion by the husband of his wife.
C. Habitual cruelty of the husband toward his wife.
D. Neglect of the husband to provide reasonable maintenance for his wife
and minor children.
A husband is entitled to summary relief permitting him a separation order
upon proof that his wife is an habitual drunkard who habitually neglects
her household duties.
CHAPTER XXXIII.
THE HINDU LAW.
For every person in the world whose rule of civil conduct is based upon
the English system of jurisprudence there are two others to whom Hindu law
is both binding by political authority and the rule of conscience.
The student of law and world politics will note with interest two
impressive facts concerning Hindu jurisprudence in India. The first is
that until the accession of British rule in that country the Hindu law was
not law in the sense in which the term is understood by lawyers. The
second fact is that the acknowledged jurisconsults and commentators upon
the Hindu law of to-day are not Hindus, but British and Anglo-Indian
jurists.
Prof. Golapchandra Sarkar, in his admirable treatise, says: "The
administration of the Hindu law by the English judges shows forth in clear
light the administrative capacity, the indomitable energy, the scrupulous
care and the strong common sense of the English nation."
In treating of the marriage and divorce laws of over two hundred and
twenty-five millions of human beings who are Hindus by race and religion,
the first question to be answered is: What is Hindu law? Hindu law is the
whole body of rules regulating the life of a Hindu in relation to his
civil conduct and the performance of his religious duties grouped together
under the general name of _Dharma Sastra_, or religious ordinances.
Public-domain text, read in full here on John Shaqi.
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