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CONJUGAL RIGHTS

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Originally appearing in Volume V06, Page 943 of the 1911 Encyclopedia Britannica.
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CONJUGAL RIGHTS , those rights which a See also:

husband and wife (See also:Lat. conjux) have to each other's society. When either party continues to refuse to render these rights to the other, they may be enforced by a suit for the restitution of conjugal rights. In See also:England the See also:jurisdiction which the old ecclesiastical courts exercised to enforce this right was transferred to the See also:divorce See also:court by the Matrimonial Causes See also:Act 18J7. The See also:procedure is by See also:citation and See also:petition, but, before a petition can be filed, a written demand must be made to the refusing party for cohabitation. Previous to the Matrimonial Causes Act 1884, disobedience to a See also:decree for the restitution of conjugal rights rendered the refusing party liable to See also:attachment and imprisonment. The act of 1884 substituted for attachment, if the wife be the petitioner, an See also:order for periodical payments by the husband to the wife. Failure to comply with a decree for restitution is deemed to be See also:desertion, and a See also:sentence of judicial separation may be pronounced, although the See also:period of two years prescribed by the act of 1857 may not have expired. Conjugal rights cannot be enforced by the act of either party (R. v. See also:Jackson, 1891, I Q.B. 671), the proper procedure being to apply to the court for See also:relief.

End of Article: CONJUGAL RIGHTS

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