FREE BOOKS

Author's List




PREV.   NEXT  
|<   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272  
273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   >>   >|  
lowance may be diminished or suspended, it makes no corresponding provision for increase of the allowance if the husband's means increase; nor, apparently, does it permit of an allowance in addition to, but only in substitution for, a settlement. The act makes no provision for allowance to a guilty wife, and it certainly is a serious defect that the power to grant an allowance does not extend to cases of nullity. In 1868 an appeal to the House of Lords was given in cases of decree for dissolution or nullity of marriage. The great changes effected by the Judicature Acts included the court for divorce and matrimonial causes. Under their operation a division of the high court of justice was constituted, under the designation of the probate division and admiralty division, to which was assigned that class of legal administration governed mainly by the principles and practice of the canon and civil law. The division consists of a president, and a justice of the high court, with registrars representing each branch of the jurisdiction. Appeals lie to the court of appeal, and thence to the House of Lords. In 1884 the legislature interfered to prevent imprisonment being the result of disobedience to an order for restitution of conjugal rights. That mode of enforcing the order of the court was abolished, and the matter was left to a proper adjustment of the pecuniary relations of the husband and wife; and a respondent disobeying such an order was held to be guilty of desertion without reasonable cause, such desertion having further given to it a similar effect to that assigned to desertion for two years or upwards. The effect of this provision has been that the suit for restitution of conjugal rights is most frequently brought for the purpose of shortening the time within which a wife can obtain a decree for dissolution of marriage. Proceedings in the divorce court have shown the improvement in the law of evidence which has been effected with regard to other legal proceedings. The act of 1857 made an inroad on the former law, which prohibited evidence being given by parties interested in the proceedings, by allowing a petitioner (sec. 43) to be called and examined by order of the court, absolving such petitioner, however, from the necessity of answering any question tending to show that he or she had been guilty of adultery. In the next year power was given to the court to dismiss any person, with whom a party to the suit w
PREV.   NEXT  
|<   248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272  
273   274   275   276   277   278   279   280   281   282   283   284   285   286   287   288   289   290   291   292   293   294   295   296   297   >>   >|  



Top keywords:
allowance
 

division

 

desertion

 

provision

 

guilty

 

rights

 

decree

 

conjugal

 

dissolution

 

marriage


effected
 

restitution

 
appeal
 

effect

 

assigned

 

evidence

 

justice

 

proceedings

 

divorce

 

petitioner


husband

 
increase
 

nullity

 

upwards

 
shortening
 

frequently

 

adultery

 
brought
 

purpose

 

disobeying


relations

 

respondent

 

reasonable

 

dismiss

 

person

 

similar

 

Proceedings

 

necessity

 

parties

 
interested

prohibited

 
inroad
 
allowing
 

examined

 

called

 

absolving

 

pecuniary

 

answering

 

obtain

 

improvement