17 A.2d 655 | Pa. Super. Ct. | 1940
Argued October 11, 1940. The parties to this action were married on June 29, 1932. They separated February 4, 1934 when the respondent left the libellant and their common abode. The master recommended a divorce on the ground of desertion. Exceptions to the master's report were overruled and a decree was entered on that ground.
Since respondent left the libellant, a clear case of wilful and malicious desertion is made out (Van Dyke v. Van Dyke,
We have read and have carefully considered all of the testimony, and our conclusion, independent of the master's findings and of the opinion of the lower court, is that the desertion was not justified. There is nothing to be gained by a detailed review and analysis of the testimony. It follows a familiar pattern. This was a marriage of necessity and was contracted at an inopportune time because of that circumstance. We are unable to say that the home provided by the husband in a house owned by and shared with his aunt was unsuitable in view of the husband's small income and other circumstances. Moreover, a cold house, frozen *465
water pipes and a limited amount of food in the house, though good reasons for respondent's leaving, did not justify a desertion persisted in for more than two years after these conditions were remedied. There is credible evidence, which we accept, that libellant after the desertion frequently requested the respondent to return, though there was no legal duty upon him to seek a reconciliation. Winner v. Winner,
We are of the opinion that in the testimony of libellant there is clear and satisfactory proof of a wilful desertion (Rinoldo v.Rinoldo,
Decree affirmed.