97 N.J. Eq. 404 | N.J. Ct. of Ch. | 1925
The original petition charged constructive desertion, the wife claiming that she was forced to leave her husband because of cruel conduct, consisting of calling her vile names and perverted sexual intercourse. The defendant counter-claimed, *405 charging adultery. Neither charge was sustained. The defendant was permitted to amend, charging desertion, and the petitioner amended her petition, charging extreme cruelty in that the husband falsely accused her of adultery. A second hearing was had.
It is established that the wife left her husband, and that she has resisted his reasonable efforts to have her return, and is guilty of desertion unless her charge of cruelty is proved. That her husband accused her of the crime I have no doubt. To accuse a wife of adultery is not extreme cruelty per se. The accusation must be false and maliciously or wantonly made, and must be visited upon her or come to her notice, causing anguish and pain. Vice-Chancellor Bentley, recently, in Hill v. Hill, 3 N.J.Adv. R. 240;
Extreme cruelty is not made out, and a decree will go to the husband. *406