Marriage and Divorce Laws of the WorldRingrose, Hyacinthe
History
Marriage and Divorce Laws of the World
Ringrose, Hyacinthe
Divorce -- Law and legislation; Marriage law
3. Desertion by the husband of his wife;
4. Persistent cruelty of the husband toward his wife;
5. Neglect to provide reasonable maintenance for wife or infant children.
By the Licensing Act of 1902 a husband is entitled to a separation order
by a magistrate or board of magistrates if his wife is an habitual
drunkard.
RESTITUTION OF CONJUGAL RIGHTS.--Husbands and wives are entitled to each
other's society, and if, without sufficient reason, either of them
neglects to perform his or her obligations the injured party may institute
what is known as a suit for restitution of conjugal rights, in which the
court will grant a decree directing the offending party to render conjugal
rights to the other party. If the decree is not complied with, such
non-compliance is equivalent to desertion, and a suit for judicial
separation may be instituted immediately. If the husband is the offending
party, and if he has been guilty of adultery, a suit for divorce may at
once be instituted; or if he commits adultery subsequently to the date of
the decree for restitution, proceedings for divorce may be taken.
Furthermore, if the suit for restitution is brought by the wife, the
husband may be directed to make such periodical payments for her benefit
as the court may think just. If the suit for restitution is brought by the
husband, and if the wife is entitled to any property, the court may order
a settlement for the whole or part of it for the benefit of the husband
and children of the marriage, or either or any of them, or may order the
wife to pay a portion of her earnings to the husband for his own benefit,
or to some other person for the benefit of the children of the marriage. A
husband cannot compel his wife to live with him by force, and if he seizes
and retains possession of her, she or her relatives can obtain a _habeas
corpus_ to compel him to release her, but persons who wrongfully induce a
wife to leave her husband, or who detain her from his society by improper
means, are liable to an action for damages by him. If a husband declines
to live with his wife because he discovers that she has been unchaste
before marriage she cannot obtain a decree for restitution of conjugal
rights unless he knew of the fact before the marriage took place. If a
husband has been guilty of cruelty he cannot obtain a decree for
restitution.
FOREIGN MARRIAGES.--The Foreign Marriage Act of 1892 (55 and 56 Vict. c.
23) forms a complete code upon the subject of the marriage of British
subjects abroad.
Its chief requirement is that one at least of the parties to the marriage
must be a British subject.
Public-domain text, read in full here on John Shaqi.
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