EFFECT OF CHANGES TO THE LAW

Effect Of Changes To The Law In The Last 40 Years In Relationto The Principle In Hyde v. Hyde

Effect Of Changes To The Law In Relationto The Principle In Hyde v. Hyde

A marriage bound in a homeland where polygamy is lawful, between a man and a woman who profess a belief which permits polygamy, is not a marriage as appreciated in Christendom; and whereas it is a legitimate marriage by the lex loci, and at the time when it was bound both the man and the woman were lone and competent to agreement marriage, the English Matrimonial Court will not identify it as a legitimate marriage in a match instituted by one of the parties against the other for the reason of enforcing matrimonial obligations, or getting respite for a break of matrimonial obligations.

At the time when the marriage between the petitioner and the respondent was commemorated, polygamy was a part of the Mormon doctrine, and was the widespread made-to-order in Utah. The petitioner and the respondent were both lone, and the petitioner had not ever taken a second wife. A counsellor of the Supreme Court of the United States verified that a marriage by Brigham Young in Utah, if legitimate in Utah, would be identified as legitimate by the Supreme Court of the United States, supplied that the parties were both unmarried at the time when it was bound, and that they were both adept of contracting marriage. The Supreme Court, although, had no appellate jurisdiction over the enclosures of other States in matrimonial matters; and the matrimonial court of each State had exclusive jurisdiction inside its own limits. Utah was a territory not inside any State. There was a matrimonial court, having prime jurisdiction, in that territory, and the referee was nominated by the President of the United States, with the permission of the Senate. The referee was compelled to identify the regulations which the persons of Utah made for themselves, as long as they did not confrontation with the regulations of the United States. No clues was granted as to the regulation of that court highly regarding Mormon marriages.

            Before the petitioner could get the respite he hunts for, some affairs would have to be made clear and other ones explained. The marriage, as it is called, would have to be established as binding by the lex loci, the end marriage would have to be very resolute void, and the petitioner's perform in wilfully dividing himself from his wife would have to be accounted for. But I conveyed at the hearing a powerful question if the amalgamation of man and woman as skilful and taken up amidst the Mormons was actually a marriage in the sense appreciated in this, the Matrimonial Court of England, and if individuals so joined could be advised “husband” and “wife” in the sense in which these phrases should be understood in the Divorce Act. Further reflection has verified this question, and has persuaded me that ...