Decision, 2 September 1987.
The appellant husband sought a divorce from his wife, with whom he had not lived since 1949 when he left her to live with another woman.  The Supreme Court reversed a lower court decision and overturned 1952 legal precedence by ruling that a divorce request from a spouse at fault could be recognized when a) the separation has lasted for a considerable length of time, b) there are no children of the marriage who have not reached adulthood, and c) recognition of the request for divorce does not contravene the concept of justice--that is, the divorced spouse is not driven economically, psychologically, or socially to cruel circumstances. In its 1952, ruling the Court had refused to recognize a divorce request from a spouse at fault.
D001208:Asia; D019049:Developed Countries; D004243:Divorce; D005202:Asia, Eastern; D007564:Japan; D007603:Jurisprudence; D008393:Marriage
Asia; Court Decision; Developed Countries; Divorce--legal aspects; Eastern Asia; Japan; Marriage; Nuptiality; Separation--legal aspects