FREE BOOKS

Author's List




PREV.   NEXT  
|<   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48  
49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>  
to commit the act. [Sidenote: Desertion.] A reasonable cause for desertion must be some wrongful conduct on the part of the other party, and must be of such a serious nature that it would _prima facie_ entitle the party deserting to a divorce. If husband and wife mutually agree to separate, such separation will not constitute ground for divorce, unless the party applying for the divorce, in good faith expresses a desire to live with the other. Where the wife is compelled to leave her husband on account of inhuman treatment, such as would entitle her to a divorce, such desertion cannot be made the basis of proceedings for divorce by the husband, for in such case he and not she is guilty of desertion, and this may be alleged by the wife, with other causes, in seeking a divorce. A wife may be justified in leaving her husband because of his failure to protect her from insult and abuse, and when she leaves him for this cause, her desertion will not be grounds for divorce. [Sidenote: Felony.] A conviction for felony which may be subject to reversal does not constitute ground for divorce, but such conviction must be final and absolute. [Sidenote: Drunkenness.] If a woman marries a man knowing him to be intemperate, though she does so in the hope of reforming him, the courts will not interfere after marriage to grant her relief from the result of her misplaced confidence, but where the habit has been acquired subsequent to the marriage and has become fixed and the husband is habitually drunk, though not in such condition during business hours, it is such habitual drunkenness as will entitle the wife to a divorce. [Sidenote: Cruel treatment.] Cruel and inhuman treatment, to constitute ground for divorce must be of such a nature as to endanger life, but need not necessarily consist of physical violence. Even where no single act or number of acts can be shown which might cause reasonable apprehension of harm to life, if the ill treatment as an entirety is of a nature to affect the mind and undermine health to such a degree that the life will be ultimately endangered, it will entitle the injured party to a divorce. Ungovernable outbursts of rage, the use of profane and obscene language, applying insulting epithets to the wife in the presence of others, acts of cruelty and neglect in sickness, coupled with failure to provide suitable food and clothing, have all been held to be such cruelty, which, if long continu
PREV.   NEXT  
|<   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43   44   45   46   47   48  
49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   >>  



Top keywords:

divorce

 

husband

 

treatment

 

Sidenote

 

desertion

 

entitle

 
ground
 

constitute

 

nature

 

reasonable


conviction
 

cruelty

 

marriage

 

applying

 

failure

 

inhuman

 

number

 

single

 
endanger
 

condition


habitually

 
acquired
 

subsequent

 

business

 

necessarily

 
consist
 

physical

 
commit
 

habitual

 

drunkenness


violence

 

neglect

 

sickness

 

coupled

 

presence

 

insulting

 

epithets

 
provide
 

suitable

 

continu


clothing
 
language
 

obscene

 
affect
 
undermine
 
health
 

entirety

 

degree

 

ultimately

 

profane