(Continue Section 1519)

In case where the spouse alleged to be an insane person has not yet been adjudged incompetent, and if the Court deems that such spouse should not be judged incompetent, the case shall be dismissed.

If the spouse is deemed suitable to be adjudged as incompetent person, but an order to effect the divorce should not be given as yet, the Court shall adjudge the spouse to be an incompetent person and may not give order concerning the guardian or appointing another person to be guardian under Section 1463 while the application for divorce will be dismissed, and the Court may in this connection give an order determining living allowances. In case where the spouse is deemed to be insane and should be adjudged as incompetent by the Court and the application for divorce should also be granted, the court shall issue an order of the judgement affecting such spouse to be incapacitated person and, appointing a guardian and allowing the divorce.

In case where the court deems that the ground upon which the claim for divorce is based is not proper to the condition of the incapacitated spouse who is going to divorce the other spouse, or it is not proper under such circumstances that divorce should be allowed, the Court may not pronounce the judgement to effect the divorce.

 

Section 1520.- In case of divorce by mutual consent, the spouses shall make an agreement in writing for the exercise of parental power over each of the children. In the absence of such agreement or an agreement thereon cannot be reached, the matter shall be decided by the Court.

In case of divorce by judgment of the Court, the Court trying the divorce case shall also order that the parental power over each of the children belongs to any party. If, in such trial, it is deemed proper to deprive that spouse of the parental power under Section 1582, the Court may give an order depriving that spouse of the same and appointing a third person as a guardian, by taking into consideration the happiness and interest of the child.

 

Section 1521.- If it appears that the person exercising parental power of the guardian under Section 1520 behaves himself or herself improperly or there is a change of circumstances after the appointment, the Court has the power to give an order appointing a new guardian by taking into consideration the happiness and interest of the child.

 

Section 1522.- In case of divorce by mutual consent, an arrangement shall be made and contained in the agreement of divorce as to who, both of the spouses or either spouse, , will contribute to the maintenance of the children and how much is the contribution.

In case of divorce by judgment of the Court or in case the agreement of divorce contains no provisions concerning the maintenance of the children, the court shall determine it.

 

Section 1523.- In case of divorce by judgment of the Court on the ground as provided in Section 1516 (1), the husband or wife is entitled to compensation from the husband or wife and other woman or adulterer, as the case may be.

The husband is entitled to claim compensation from any person who has wrongfully taken liberties with his wife in an adulterous manner, and the wife is entitled to claim compensation from other woman who has openly shown her adulterous relations with the former’s husband.

However, the husband or wife is not entitled to claim compensation if he or she has consented or connived at the act done by other party under Section 1516 (1) or allowed other person to act as provided in paragraph two.