Polynesian., 1853-11-12
AN ACT RELATING TO DIVORCES


.4pprored, Nor, ID 1853.
Whereas the present laws relating TO Divor-
| ces, owing to the different enactments on
that subject, are in a state of confusion and
uncertainty, which it is very desirable to
remedy (; and whereas the power of grant
| ing Divorces is in too many hands
Therefore,
BE IT ENACTED by the King, the MOBILES and
Representatives. of the Hauaiiian Islands
IN Legislative Council assembled.
OF DIVORCES on THE GROUND OF THE NuLLITy
OF THE MARRIAGE CONTRACT.
Sec The Supreme Court, any Cir
cut Court, or any Justice Of the Supreme
Court at chambers, may, by a sentence of
nulty, declare void the marriage contract
for either of the following causes, existing at
the time ofthe marriage
i. That the parties were related TO each
other within the fourth degree of consang un-
| ity.
2. That the parties, or either Of them, had
not attained the legal age Of marriage.
3. That the husband had an undivorced
wife living, or the wife had an undivorced
husband living or that either party being di-
vorced, was the guilty party in such divorce,
| and that the former wife orhusband was then
living
d. That the husband being foreigner has
failed 10 comply with the requirements ofihe
law validating marriages with the female
subjects of this kingdom
5. That one of the palties was an idiot OF
Iunatic.
6. That one of the parties was impotent or
physically incapable of entering into the mar
riage state.
Sec. 2. A suit to annul marriage on the
ground that one of the parties was under le-
gal age, may be brought by The parent or
guardian entitled TO the custody of such minor.
or by any person admitted by the court to
prosecute as the friend of such minor but
in no case shall such marriage be annulleG
on the application Of party who was of le-
gal age at the time it was ,ntracted, nor
when it shall appear that the parties after
they had attained the legal age had for any
time freely cohabied as man a9d wife.
Sec. 3. A marriage may be declared null
on the ground that one of the parties has an
undivorced husband or wife living, on the APP
plication of either of the parties during the
lifetime Of the other, or upon the application
of such former husband or wife.
Sec. Every woman who shall be decei-
we'd into contracting an illegal marriage with
man having another wife living. under the
belief that he was an unmarried man, shall
be entitled to just allowance for the sup
port of herself and family out of his property,
which she may obtain upon application to any
Judge Of court of Record at chambers
provided, always, that such allowance shall
not exceed one third of his real and personal
estate.
Sec. 5. The children of such illegal mar
rage shall be entitled to succeed in the same
manner as legitimate children, to all the real
and personal estate of both parents in this
Kingdom.
Sec. 6. The marriage of an idiot or insane
person may be annulled on the application OF
the same party, or any relative of the idiot or
lunatic, or on the application Of any person
admitted by the court to prosecute as the
next friend of said idiot or lunatic, or upon
the application Of the lunatic himself after
restoration of reason, but in such case, no
sentence of nullity shall be pronounced If II
shall appear that the parties freely cohabhed
as husband and wife after the lunatic was re-
stored to sound mind.
Sec. Z. Upon the anument OF marriage
on account Of homage, insanity or 'diocy OF
either party the issue OF the marriage shall
be deemed TO be in all respects the legitimate
issue Of the parent who. at the time of the
marriage, was capable of contracting.
Sec. 8. Upon the annulment Of marriage
that is prohibited on account of consansu'nIty
between the parties, or for failure upon the
part Of the husband, being foreigner. to
comply with the requirements of the valldat-
ing maria ge with the female subjects ofths
Kingdom, the issue of the marriage shall be
deemed to be illegitimate.
Sec. o. A suit to annul the marriage on
the ground Of the physical incapaeity Of one
Of the parties at the time OF marriage shall
oaly be maintained by the injured party,
against the party whose incapacity is alleg-
ed and shall in all other cases be brought
within two years from the solemnization OF
the marriage.