Legal Definitions - subtraction of conjugal rights

The term subtraction of conjugal rights is a historical legal concept referring to the act of one spouse unlawfully withdrawing from the marital home or refusing to fulfill the duties and obligations of marriage, such as cohabitation, without a legally recognized reason. In historical legal systems, this could be grounds for the other spouse to seek a court order compelling the absent spouse to return and resume their marital duties.

Here are some examples to illustrate this historical concept:

• Example 1: In 18th-century England, a wife, after a disagreement with her husband, leaves their shared estate and moves in with her sister in a nearby town, explicitly stating she will not return. Her husband, having no legal grounds for divorce or separation at the time, could historically have petitioned a court to issue an order for the "restitution of conjugal rights," compelling her to return to the marital home and resume her wifely duties. Her act of leaving without legal justification constituted the subtraction of conjugal rights.

• Example 2: During the late 19th century in a British colony, a husband, after a lengthy business trip, decides to establish a separate residence in another city, refusing to return to his wife and the family home. He provides no legal reason for this permanent separation, such as a formal judicial separation. His wife could historically have sought legal recourse, arguing that his refusal to cohabit and maintain the marital home constituted a subtraction of conjugal rights, thereby seeking a court order for his return.

• Example 3: In early 20th-century Canada, a husband, following an argument, changes the locks on the marital home and physically prevents his wife from re-entering, effectively forcing her to live elsewhere. There is no court order or legal agreement for separation. In this scenario, the husband's actions of unlawfully denying his wife access to the marital home and preventing her from cohabiting would be considered a subtraction of conjugal rights on his part, as he is withholding her right to live in the marital home and fulfill her marital duties.