(a)
The custom of the town prevails that the father pay the like of trousseau disputed thereon, as trousseau, not
loan, the father, or his heirs shall be charged with evidence; where the suit is proved, the same shall be decreed;
otherwise the statement shall be hers on her oath, or the statement of her heirs on oath, where she is dead;
(b)
Where the custom is common between the same, or the trousseau is more than what the like of her may be
equipped therewith, she, or her heirs shall be charged with evidence; where the suit is proved, the same shall be
decreed; otherwise the statement is that of the father, or his heirs, on oath.
Mother in trousseau cases
48.
The mother shall have the rule of the father in trousseau cases.
Jewelry
49.
Where the two spouses disagree on the jewelry, which the husband has brought; and he alleges loan or
bringing the same for adornment, and she alleges gift, the wife shall be charged with evidence; where she
establishes it, it shall be decreed; otherwise the statement is that of the husband, on his oath.
House effects
50.(1) Where the two spouses disagree while marriage subsists, or after separation, on the house effects which is
useful for one thereof, not for the other and they have failed to adduce evidence, there shall decreed for the wife,
on her oath, such as may be useful for women; and the husband on the oath thereof, such as may be useful for men.
(2)
Where the two spouses disagree on house effects, while marriage subsists, or after separation, whoever
adduces evidence, it shall be admissible therefrom, and the same shall be degreed therefor, even though the
disputed effects are such as may be useful for the other.
(3)
Where the two spouses or their heirs disagree on the effects, which are useful for one of them, not the other
and they have adduced evidence, the evidence of whoever may prove otherwise than what is apparent shall have
preponderance.
(4)
Where the two spouses or their heirs disagree on the house effects which are useful for both and they fail
to adduce evidence the judge shall decree the disputed effects in equal shares between them, on the oaths thereof.
(5)
Where the two spouses, or their heirs disagree on the house effects, which are useful for them, and they
adduce evidence, the disputed effects shall be decreed between them in equal shares.
(6)
Where one of the spouses dies, and dispute occurs on the house effects, between the living and the heirs of
the deceased, what may be useful for both man and woman shall be for the living thereof, on his oath, upon
adducing evidence, or their failure to prove.
Chapter VII
The Rights of Spouses The rights of the wife
51.
The rights of the wife on her husband are: (a)
Maintenance;
(b)
permitting her to visit her parents and her relatives of the prohibited degrees and their visits, in kindness;
(c)
not to: (i)
molest her private property;
(ii)
prejudice her materially, or immaterially.
(d)
justice between her and the rest of wives, where the husband has more than one wife.
The Rights of the husband
52.
The rights of the husband on his wife are:
(a)
care therefor and obey him in kindness;
(b)
preserve him in herself and his property.
Chapter IV Types of Marriage
Two types of marriage
53.
Marriage is valid and invalid.
Valid marriage
54.
Valid marriage is that one of the pillars and all conditions of validity are satisfied, in accordance with the
provisions of this Act.
Types of valid marriage
55.
Valid marriage is effective and binding, or effective and not binding, or non- effective.
Definition of types of valid marriage
56.
Marriage, which is: 6