but under the
controul o f
her hufband«
with refpeft
XOviJitorSiSiZ,
Maintenance
to the wife of
an a b fe n te e
is decreed
out o f his
fuhftance,
ing her enjoyment of his fociety; but if (he defire it, the hufband
may then lawfully admit a partner in the habitation, as (he by fuch a
requeft voluntarily relinquifhes her right: neither is the hufband at
liberty to intrude upon his wife his child by another woman, for the
fame reafon.
If the hulband appoint his wife an apartment within his own houfe,
giving her the lock and key, it is fufficient, as the end is by this means
fully obtained.
A h u s b a n d is at liberty to prevent his wife’s parents, or othei
relations, or her children by a former marriage, from coming in * to
her, as her apartment or habitation is his property, which he may
lawfully prevent any perfon from entering; but he cannot prohibit
them from feeing and converting with her whenever they pleafe, for.
i f he were to do (o, it would induee Katta Rihm, or a breach of the
ties of kindred, and their feeing or converfing with her is in no refpedt
injurious to him. Some have faid that he cannot prohibit them from
coming in to her, any more than from converjing with or feeing her,
but he may prevent them from refilling with her, as this might caufe
difturbance and inconvenience. Others have faid that he cannot prohibit
his wife from going to vifit her parents, nor prevent the parents
from vifiting here very Friday; neither can he forbid her other relations
from vifiting her once a year; and this is approved.
If a woman’s hulband abfent himfelf, leaving effects in the hands
of any perfon, and that perfon acknowledge the depofit, and admit the
woman to be the wife o f the abfentee, the Kdzee mud decree a maintenance
to her out of the (aid effects; and the fame to the infant chil*
Although, by the cuftoms of the eaft, men are not permitted to enter into the wo-
men’ s apartments without efpecial permiflion, yet it is not uncommon to converfe with a
woman through a curtain, or (as Tome part of this paflage feems to imply) through a
grate,
7 dren
dren of the abfentee, and alfo to his parents. And the rule is the
fame i f the Kdzee himfelf be acquainted with the above two circum-
ftances, where the truftee denies both or either of them.— T h e argument
upon which this proceeds is that where the above perfon acknowledges
the woman to be the wife o f the abfentee, and alfo, that
he has property of the latter in his hands, fuch acknowledgment
amounts to an avowal of her being entitled to receive her right out of
the faid property, without the hufband’ s confent, as a woman is authorized
to it by law.
O b j e c t i o n .— I f a woman be decreed her maintenance out o f the
effefts of her-abfent hufband, in confequence of the truftee’ s acknowledgment,
this admits the judgment of a magiftrate againft an abfentee,
which is illegal.
R e p l y .— T h e order o f the Kdzee is not in this cafe direElly againft
an abfentee, but only virtually, and by implication, becaufe the above
perfon is the Zoo-al-Yed, or immediate pofleflor of the property, and
the acknowledgment of fuch an one is to be credited in any thing af-
fefting his truft, but more efpecially in the prefent cafe, fince i f he
were to deny either the marriage or the depofit, it would not be in the
woman’ s power to fue him, for if (he do fo, and produce witnefles in
fupport of her plea, their evidence could not be received, as a truftee
cannot be fued on a plea o f marriage; nor can the woman appear as
plaintiff againft him with refpect to the property in his hands, fince
(he is not the hufband’ s agent; and the truftee’s acknowledgment
being credited, the Kdzee, in confequence o f it, iflues a decree for the
wife’s maintenance, which muft affedl the hufband o f courfe; and
the decree of a Kdzee, affecting an abfentee in this way, is approved.—
If, moreover, the property of the abfentee be in the hands of the
perfon aforefaid in the way of Mozaribat, or as a debt, the rule holds
the fame as i f it were a depojit.— What is now faid fuppofes the property
to be o f the fame nature with the woman’s right, fuch as money,
grain, or cloth: but where it is otherwife, a maintenance muft not be
decreed out of it, becaufe, in this cafe, it cannot be furnifhed from it
F f f 2 but
unlefs that be
o f a nature
different from
what is necef-
fary to her
fupport: