155 Ga. 502 | Ga. | 1923
Ethel Harn brought her libel for divorce against her husband, H. I. Harn, the grounds alleged being cruel treatment and habitual drunkenness. This petition was filed on December 24, 1921. The parties had separated before the suit was brought. Subsequently to the filing of the suit for divorce, upon promises made by the husband that if his wife would go back and- live with him he would quit drinking and would no more treat her cruelly but would treat her with kindness and as a husband should treat his wife, she consented .to return and did return to him to live with him again as his wife, and the marital relations were resumed. Her return was some time in January or February, 1922. On the 13th day of February,-1922, the husband returned home in a state of intoxication, committed various acts of. severe cruelty upon his wife, abusing and cursing her, going -so far in his violence as to seize a large knife, and threaten to kill her, but she escaped from him, ran into the house, where he .pursued her, caught her and almost tore her clothes from her body, pushed her over a trunk and bruised her body. The wife then escaped from her husband again, “left him for good,” it is alleged, and -proved by undisputed evidence, up -to the time of trial of the .case. The jury trying the case returned- a verdict granting the wife a total -divorce. The husband made a motion for a new trial upon the usual general grounds, which was overruled.
It is insisted by plaintiff in error that the fact that the wife returned to his-home and resumed marital relations after the suit had been filed in which a divorce and alimony were sought amounted to condonation, and barred her right to-proceed with the-divorce case to a final verdict.. In section 2948 of the Civil ,Code • it. is. declared: “ If there has been a voluntary con-donation and cohabitation subsequently to the' acts complained of, and with notice thereof, then no divorce shall be granted.” The plaintiff in error relies- upon this provision in our statute law to sustain his contention. This contention is. not. sound, as the. condonation was conditional. It. was based upon .-a promise
The fact that suit was pending at the time of the alleged con-
Judgment affirmed.