Page:The Civil code of Japan (IA cu31924069576704).pdf/234

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mutual consent, without determining to whom the custody of the children shall belong, it belongs to the father.

If the father in consequence of the divorce quits the house into which he married, the custody of the children belongs to the mother.

The provisions of the preceding two paragraphs do not change any rights and duties of the parents apart from the custody.

Subsection II.
Judicial Divorce.

813.

A husband or a wife, as the case may be, can bring an action for divorce only in the following cases:—

  1. If the other party contracts a second marriage;
  2. If the wife commits adultery;
  3. If the husband is sentenced to punishment for an offence involving criminal carnal intercourse;[1]
  4. If the other party is sentenced to punishment for an offence greater than misdemeanour involving forgery, bribery, sexual immorality, theft, robbery, obtaining property by false pretences, embezzlement of goods deposited, receiving property obtained criminally, or any of the offencess specified in Arts. 175 or 260 of the Criminal Code, or is sentenced to a major imprisonment or more;
  5. If one party is so illtreated or grossly insulted by the other that it makes farther living together impracticable;
  6. If one party is deserted by the other;
  1. ↑ That is, the offences specified in Art. 348 et seq. of the Criminal Code.
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