Chapter XXVIII. Husband And Wife
369. Custody, Father.—A husband is entitled to the custody of his wife against her father, and where a son-in-law killed his father-in-law in resisting the latter from taking his daughter out of his (the son-in-law's) house, the court held that it could not be more than manslaughter; and if it were necessary to kill to protect and maintain his wife, the defendant was not guilty.[655] But for good cause and without malice a parent may advise his child to leave spouse.[656]
370. Corrective Authority, Services, Domicile.—In America a husband gains no right to corrective authority over his wife. He can neither whip her nor use abusive language to her. The same rule applies to the wife, as they stand equal before the law.[657] However, a husband is entitled to all the services of his wife and a promise to pay her extra for housework can not be [pg 198] enforced.[658] Also, the husband has the right to determine their place of domicile, and if the wife unreasonably refuses to accompany her husband, it is desertion, for which he may obtain a divorce.[659]