Table of Contents
TITLE V - OF THE SEPARATION FROM BED AND BOARD
CHAPTER I - OF THE CAUSES OF SEPARATION FROM BED AND BOARD
Art. 1. Separation from bed and board as it formerly existed according to the laws of the country, shall take place for the following causes.
Art. 2. The husband may claim a separation in case of adultery on the part of his wife.
Art. 3. The wife may also claim a separation in case of adultery on the part of her husband, when he has kept his concubine in their common dwelling.
Art. 4. The married persons may reciprocally claim a separation, on account of excesses, cruel treatment or outrages of one of them towards the other, if such ill treatment is of such a nature as to render their living together insupportable.
Art. 5. Separation may also be reciprocally claimed in the following cases, to wit:
1stly, Of a public defamation on the part of one of the married persons towards the other.
2ndly, Of abandonment of the husband by his wife and of the wife by her husband.
3rdly, Of an attempt of one of the married persons against the life of the other.
CHAPTER II - OF THE PROCEEDINGS ON SEPARATION FROM BED AND BOARD
Art. 6. Separation is to be claimed, sued for and tried before the competent courts of justice.
Such demand cannot be brought before arbitrators.
Art. 7. Separation grounded on abandonment by one of the married persons, cannot be admitted but in the case when he or she who has withdrawn himself or herself from the common dwelling, without a lawful cause, has constantly refused to return to live with the other, and when such refusal is made appear in the manner hereafter directed.
Art. 8. The absence of the husband or wife, which has had a lawful cause, although it shall appear that the absentee has not been heard of, cannot authorise a demand of separation, saving what is said in the title of absent persons.
Art. 9. The abandonment with which the husband or wife is charged, ought to be made appear by three reiterated summons made to him or her from month to month directing him or her to return to the place of the matrimonial domicil and followed by a judgement which has sentenced him or her to comply with such request, together with a notification of the said judgment reiterated three times to him or her from month to month.
The summons and notifications shall be made to him or her at the place of his or her usual residence, if he or she lives in this territory, and if absent at the place of the residence of the counsel who shall be appointed to him or her by the judge for that purpose, at the suit of the husband or wife praying for separation from bed and board.
CHAPTER III - OF THE PROVISIONAL PROCEEDINGS TO WHICH A SUIT FOR SEPARATION MAY GIVE OCCASION
Art. 10. If there are children of the marriage, whose provisional keeping is claimed by both husband and wife, the suit being yet pending and undecided, it shall be granted to the husband whether the plaintiff or defendant, unless there should be strong reasons to deprive him of it, either in whole or in part, the decision whereof is left to the discretion of the judge.
Art. 11. If the wife who sues for a separation, has left or declared her intention to leave the dwelling of her husband, the judge shall assign the house wherein she shall be obliged to dwell until the determination of the suit.
The wife shall be subject to prove her said residence as often as she may be required to do so: and in case of no such justification every proceeding on the separation shall be suspended.
Art. 12. If the wife has not a sufficient income for her maintenance during the suit for separation, the judge shall allow her a sum for her support proportioned to the means of the husband.
The husband cannot be compelled to pay this allowance unless the wife proves that she has constantly resided in the house appointed by the judge.
Art. 13. During the suit for separation, the wife may, for the preservation of her rights, require an inventory and appraisement to be made of the moveables and immoveables which are in possession of her husband, and an injunction restraining him from disposing of any part thereof in any manner.
Art. 14. From the day on which the action of separation shall be brought, it shall not be lawful for the husband to contract any debt on account of the community nor to dispose of the immoveables or slaves belonging to the same; and any alienation by him made after that time, shall be null, if it be proved that such alienation was made with the fraudulent view of injuring the rights of the wife.
CHAPTER IV - OF OBJECTIONS TO THE ACTION OF SEPARATION FROM BED AND BOARD
Art. 15. The action of separation shall be extinguished by the reconciliation of the parties, either after the facts which might have given ground to such action, or after the action has been commenced.
Art. 16. In either case the plaintiff shall be declared not admissible in his action; but he shall be at liberty to bring a new suit for cause arising since the reconciliation and therein make use of the former motives to corroborate his new action.
CHAPTER V - OF THE EFFECTS OF SEPARATION FROM BED AND BOARD
Art. 17. Separation from bed and board carries with it separation of goods and effects.
Art. 18. In case of separation, any donation which the husband or wife may have made the one to the other, in consideration of their marriage, shall be void and without effect, reserving to the courts of justice always the right of allowing an alimony to the wife, according to the circumstances of the husband and to the nature and exigencies of the case.
Art. 19. In all cases of separation, the children shall be placed under the care of the party who shall have obtained the separation, unless the judge shall for the greater advantage of the children and with the advice of the meeting of the family, order that all or some of them shall be trusted to the care of the other party.
Art. 20. The separation shall not in any case deprive the children born of the marriage of any of the advantages, which were secured to them by law or by the marriage contract of their father and mother, but there is no right to any claim on the part of such children, except in the manner and under the circumstances where such claims would have taken place if there had been no separation.
|< Previous | Next >||© Manuscript notes copyright 1968 by Louis V. de la Vergne.|