Marriage, As It Was, As It Is, and As It Should Be: A Plea for ReformBesant, Annie
Philosophy
Marriage, As It Was, As It Is, and As It Should Be: A Plea for Reform
Besant, Annie
Marriage -- Great Britain; Marriage law -- Great Britain
an absolute divorce with right of re-marriage--equivalent to the old
divorce _a vinculo matrimonii_--in cases of adultery on the part of the
wife, or of, on the part of the husband, incestuous adultery, or of
bigamy with adultery, or of rape, or an unnatural crime, or of adultery
coupled with such cruelty as would formerly have entitled her to a
divorce _a mensâ et thoro_, or of adultery coupled with desertion,
without reasonable excuse, for two years or upwards (Broom, vol. i., p.
542). The other powers held by the court need not now be specially dwelt
upon.
The first reform here needed is that husband and wife should be placed
on a perfect equality in asking for a divorce: at present if husband and
wife be living apart, no amount of adultery on the husband's part can
release the wife; if they be living together, a husband may keep as
many mistresses as he will, and, provided that he carefully avoid any
roughness which can be construed into legal cruelty, he is perfectly
safe from any suit for dissolution of marriage. Adultery alone, when
committed by the husband, is not ground for a dissolution of marriage;
it must be coupled with some additional offence before the wife can
obtain her freedom. But the husband can obtain a dissolution of marriage
for adultery committed by the wife, and he can further obtain money
damages from the co-respondent, as a _solatium_ to his wounded feelings.
Divorce should be absolutely equal as between husband and wife: adultery
on either side should be sufficient, and if it be thought necessary to
join a male co-respondent when the husband is the injured party, then it
should also be necessary to join a female co-respondent where the wife
brings the suit. The principle, then, which should be laid down as
governing all cases of divorce, is that no difference should be made in
favour of either side; whatever is sufficient to break the marriage in
the one case should be sufficient to break it in the other.
Public-domain text, read in full here on John Shaqi.
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