Matrimonial Causes - Law Dictionary Search Results
Home Dictionary Name: matrimonial causesMatrimonial causes
Matrimonial causes, suits for the redress of injuries respecting the rights of marriage. They were formerly a branch of the ecclesiastical jurisdiction, but were transferred to the jurisdiction of the Court for Divorce and Matrimonial Causes (now a branch of the High Court of Justice) by 20 & 21 Vict. c. 85.'Matrimonial cause' now means any action for divorce, nullity of marriage, judicial separation, jactitation of marriage or restitution of conjugal rights. (Judicature Act,1925, s. 225)See CONJUGAL RIGHTS; DIVORCE; NULLITY; ADULTERY; MARRIAGE; JUDICIAL SEPARATION; HUSBAND AND WIFE; and ASSIZES; and consult Browne and Latey on Divorce...
Court for divorce and matrimonial causes
Court for divorce and matrimonial causes. See MATRIMONIAL CAUSES....
Matrimonial Causes Acts, 1857-1923; 1925 and 1937 (English)
Matrimonial Causes Acts, 1857-1923; 1925 and 1937 (English). See Short Titles Act, 1896, and Matrimonial Causes Acts, 1937, for these collective titles; see the Acts, and consult Browne and Watts or Dixon on Divorce....
Desertion
Desertion, (1) the criminal offence of abandoning the naval or military service without license. See ss. 12 et seq. of the (English) Army Act, 1881, replacing similar s.s of the (English) annual Mutiny Acts, and Reg. v. Cuming, (1887) 19 QBD 13.Also (2) an abandonment of a wife, a matrimonial offence, for which the remedy is under (English) Judicature Act, 1925, s. 185, by which a sentence of judicial separation may be obtained either by the husband or wife on the ground of desertion, without cause, for two years and upwards; and see (English) Matrimonial Causes Act, 1857 (20 & 21 Vict. c. 85), s. 21, as to orders for the protection of the property of wives deserted by their husbands; and the (English) Summary Jurisdiction (Married Women) Act, 1895 (58 & 59 Vict. c. 39), repealing and re-enacting the (English) Married Women (Maintenance in Case of Desertion) Act, 1886, under which a deserted wife may obtain an order from justices of the peace that the husband pay her such weekly sum, n...
Cruelty
Cruelty, it is contemplated as a conduct of such type which endangers the living of the petitioner with the respondent. Cruelty consists of acts which are dangerous to life, limb or health. Cruelty for the purpose of the Act means where one spouse has so treated the other and manifested such feelings towards her or him as to have inflicted bodily injury , or to have caused reasonable apprehension of bodily injury, suffering or to have injured health. Cruelty may be physical or mental. Mental cruelty is the conduct of other spouse which causes mental suffering or fear to the matrimonial life of the other, Savitri Pandey v. Prem Chandra Pandey, AIR 2002 SC 591 (595): (2002) 2 SCC 73. [Hindu Marriage Act, 1955, s. 13(1)(ia)]Harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security would also constitute cruelty, Shobha Rani v. Modhukar Reddi, (1988) 1 SCC 105: AIR 1988 SC 121 (...
Nullity of marriage
Nullity of marriage, a matrimonial suit instituted for the purpose of obtaining a decree, declaring that a supposed marriage in null and void. See MARRI-AGE.The (English) Matrimonial Causes Act, 1873 (36 Vict. c. 31), extended to proceedings for nullity of marriage the provisions of the (English) Matrimonial Causes Acts of 1860 and 1866, ss. 7 and 3 respectively, with reference to the intervention of the king's proctor, and see now Matrimonial Causes Act, 1937, and DIVORCE. See INTERVENTION, and Browne and Latey, Divorce....
Adultery
Adultery [ad. Lat., and alter, another person], anciently termed Advowtry (quasi ad alterius thorum). The sin of incontinence between two married persons, or it may be where only one of them is married, in which case it may be called single adultery to distinguish it from the other, which has sometimes been called double.By the (English) Matrimonial Causes Act, 1857, which created a Court for Divorce and Matrimonial Causes (superseding the Ecclesiastical Court) which would grant to the innocent party a divorce a mensa et thoro on the ground of the other's adultery, a husband could obtain a dissolution of his marriage (before that Act, only obtainable and not infrequently obtained by a private Act of Parliament) upon the ground of his wife's adultery, and a wife could obtain a judicial separation on the ground of her husband's adultery, or a dissolution of marriage on the ground of his adultery coupled with cruelty or desertion or bigamy, or of his incestuous adultery, provided there be...
Husband and wife
Husband and wife. the Common Law treated them, for most purposes, as one person, giving, with exceptions comparatively unimportant, the whole of a woman's property to her husband for his absolute use, and a husband could not make a grant to his wife at the Common Law, though he might do so: (1) under the Statute of Uses, by granting an estate to another person for her use; (2) by creating a trust in her favour; (3) by the custom of particular places; (4) by surrendering copyholds to her use; and (5) by will.Equity, however, from very early times, by the doctrines of 'separate use,' 'trusts,' and 'equity to a settlement,' very largely modified the Common Law in favour of the wife; and the statute law has, by s. 1 of the Law Reform (Married Women and Tortfeasors Act), 1935 (25 & 26 Geo. 5, c. 30), almost completely abolished the property distinction between an unmarried and a married woman. See MARRIED WOMEN'S PROPERTY.At Common Law, a gift of either realty or personal-ity to a husband a...
A mensa et thoro
A mensa et thoro. (From table and bed.) A term used to describe a partial divorce, in cases in which the marriage was just and lawful, but for some supervenient cause, such as the commission of adultery or cruelty by the husband or wife, it became improper or impossible for them to live together. This divorce was effected by sentence of the Ecclesiastical Court. It caused the separation of the husband and wife, but did not dissolve the marriage, so that neither of them could marry during the life of the other.A decree of judicial separation has been substituted for this kind of divorce by the Matrimonial Causes Act, 1857 (20 & 21 Vict., c. 85), s. 7, now repealed and replaced by the Judicature Act, 1925, s. 85. See MATRIMONIAL CAUSES; DIVORCE...
Advocate
Advocate, [Lat. Advocatus], a patron of a cause assisting his client with advice, and pleading for him. He is defined by Ulpian (Dig. 50, tit. 13) to be any person who aids another in the conduct of a suit or action. The term is at the present day confined to persons professionally conducting cases in Court, i.e., Barristers and Solicitors (q.v.).In the English Ecclesiastical and Admiralty Courts, until 1857, certain persons learned in the civil and canon law, called advocates, had the exclusive right of acting as counsel. They were members of a college situate at Doctor's Commons, incorporated by charter, June 22, 8 Geo. 3, under the title of 'The College of Doctors of Law exercent in the Ecclesiastical and Admiralty Courts,' and had, previously to their admission to that college, taken the degree of Doctor of Laws at an English university. The jurisdiction of the Ecclesiastical Courts in matters matrimonial and testamentary was in 1857 transferred to the Court for Divorce and Matrimo...
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