53 Ark. 484 | Ark. | 1890
Both husband and wife are seeking a divorce in this case. The testimony shows ill-temper and petulance on the part of the wife, settling at times into morbid bad humor, and breaking out into violent conduct toward her step-children, and prompting the use of harsh epithets to them and her husband,, and sometimes of unclean language; but her conduct, while in general unjustifiable, is often only the natural response of a much neglected wife, goaded by the unchecked gibes of the husband’s children by a former marriage, and aggravated by his ungenerous notion that she had not advanced in education since marriage, to keep pace with his assumed superiority. It is not necessary to recapitulate the evidence and determine whether the conduct of either would be sufficient to warrant a divorce, provided the other was less guilty. It is immaterial, for we find them about equally in fault, and an. application of the legal principle above set forth to the facts, of the case, which we have examined with care, leaves neither in a position to demand the interposition of the court.
The decree refused relief to the husband. To that extent it is right, and is affirmed. The court should have declined to interfere at the suit of the wife. The decree granting her a divorce and alimony will be reversed, and her cross-complaint dismissed.
It is so ordered.