4 Johns. Ch. 501 | New York Court of Chancery | 1820
As the charges in the bill are denied, and not supported by proof, the foundation of the bill has failed. I cannot listen to the counter charges contained in the answer. The husband would not have been entitled to a divorce, even if such charges had been the ground of a bill exhibited by him, for that purpose. The statute authorizing a divorce from bed and board, for cruelty, desertion, or other improper conduct, applies only to a bill exhibited on the part of the wife. The common law has given to the husband sufficient power and control over the wife, to protect himself from such conduct. Nor can the Court take notice of any consent or desire of the defendant, in compliance with the wishes of the plaintiff, and make that the ground even of a qualified divorce from bed and board. It ought to be well understood, that the Court cannot lend its judicial aid and sanction to any such voluntary agreement. These qualified divorces from bed and board are dangerous enough, under all the checks and guards provi¿]et¡ by any decree. The early canons of the church (Burns, Eccle. Law, tit. Marriage, ch. 11.) directed that parties so separated, should not only live chaste, and without forming any new matrimonial contract; but even that no sentence should be pronounced, until security was given by the party requiring the decree, to obey this restraint. The law regards
Bill dismissed, without costs.
Ante, p. 194.
mensa etthoro, chicked,10 m-courage™ ™"
The contract of marriage is a stable ana sacred contract of natural as well as of municipal law.
is a contrzct juris gentium, and the parties cannot, at pleasure of either or both, get rid of the duties it imposes.
