Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
There are some low castes in the Bombay Presidency, in Assam and
elsewhere, among whom the practice of irregular divorce and remarriage of
the parties prevails. The causes for divorce are mutual consent of the
parties and ill-treatment. These divorces, although permitted by custom,
are not recognized by the courts.
RESTITUTION OF CONJUGAL RIGHTS.--A Hindu husband or wife can maintain a
lawsuit to obtain a judicial separation against a deserting spouse for
restitution of conjugal rights, but a Hindu convert to Christianity cannot
obtain such a decree if his wife remains a Hindu.
CHAPTER XXXIV
THE CHINESE EMPIRE.
A treatise on the marriage and divorce laws of the world would be
incomplete without a chapter dealing with the law of the most compact
nationality in history.
Chinese law is the growth of many centuries and is based on immemorial
custom, but with all its antiquity and wealth of precedent, it has not yet
passed the system of exacting testimony from witnesses by physical
torture.
The first evidence of civil law to be found in Chinese history or
tradition is the recognition and regulation of the status of marriage. Its
fundamental principle is parental authority.
Though in a sense systematic, the laws of China are not as yet in a
concentrated or scientific form. Under the present dynasty the collection
of laws which is applied by the courts is called _Ta Ch'ing Lii Li_.
Two things are to be said in favour of the laws of China--the first being
that every Chinese is within the law, and that the person is considered of
more importance than property.
MARRIAGE.--A Chinese is not permitted to have more than one wife. He may,
however, in addition, keep concubines, or "secondary wives." Both wives
and concubines have a legal status.
The wife is considered to be a relative of all her husband's family, but a
concubine is not so considered. It is an offence for a man to degrade his
wife to the level of a concubine, or to elevate a concubine to the level
of his wife.
The consent of the parties, which is the first requisite of a valid
marriage in Christendom, is legally of no consequence in China. It is the
consent of the parents of the respective parties which is material and
necessary.
The consent of the father of the woman is sufficient, and if he is dead
then the mother may give the necessary consent.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account