256 Mass. 97 | Mass. | 1926
In this libel for divorce, no appearance was entered for the libellee. No commissioner was appointed to take and report the testimony. The judge found that the parties were married in 1922 in Philadelphia, and lived for a few weeks in Pennsylvania; that the libellee disappeared, and later the libellant came to Medfield in this Commonwealth; that she and her husband “stayed one night in a room ... in Boston”; that the “following morning the libellant returned to said Medfield”; that she called on the libellee and talked with him about establishing a home; that at this time he assaulted her.
The judge found that the libellee had been guilty of cruel and abusive treatment; but found that the parties had not lived together in this Commonwealth as husband and wife, that the husband had not established a domicil in this Commonwealth, that the libellant had not resided in the Commonwealth for five years next prior to the date of the filing of her libel, and entered a decree dismissing the libel for want of jurisdiction.
The courts of this Commonwealth have no jurisdiction to grant a divorce if the parties have never lived together as husband and wife in Massachusetts, G. L. c. 208, § 4, unless
Decree dismissing the libel affirmed.