Abstract

This article focuses on the doctrine of restitution of conjugal rights (RCR) as a colonial legal transplant and examines how ideas of social and moral hygiene manifested in the debates around the doctrine in late-nineteenth century England and India. Originating in ecclesiastical law, the doctrine of RCR provides remedies and sanctions for the deserted spouse when one party has violated the obligation to cohabit as husband and wife. Through a critical examination of the history and application of the doctrine, the article traces the specific ways in which such suits developed and became rooted in Hindu, Parsi and Muslim marital law in India, while simultaneously falling out of favour in England. It places the doctrine in the context of changing ideas of marriage and argues that social hygiene became the tool through which the doctrine was both resisted in England and lauded in colonial India.

摘要

本文重点关注作为殖民法律移植的夫妻权利归还原则（RCR），并考察社会和道德卫生理念如何在 19 世纪晚期英国和印度围绕该原则的辩论中表现出来。起源于教会法的 RCR 学说在一方违反夫妻同居义务时为被遗弃的配偶提供补救和制裁。通过对该学说的历史和应用的批判性考察，本文追溯了此类诉讼在印度发展并植根于印度教、帕西人和穆斯林婚姻法，同时在英国失宠的具体方式。