54 Fla. 556 | Fla. | 1907
— The appellant Joseph L. Hickson seeks divorce from his wife Minnie S. Hickson. The second amended bill which was dismissed -on demurrer alleges briefly in substance that he is over twenty-one years of ag'e, and has been for more than two years and now is a citizen of Dade county, Florida; that he was lawfully married to Minnie S. Hickson at Messena Springs, New York, October 4th, 1904; that they lived together as man and wife until March 3rd, 1906; that he has three children by a former marriage, aged respectively 16,-II and 7 years; that defendant has by a former marriage three children, aged respectively 16, 15, and 14 years; that two of his children and defendant’s three children and her mother constituted the family; that defendant habitually indulges in violent and ungovernable temper; that said violent and ungovernable temper was displayed towards complainant and with the effect of rendering his life an oppressive and intolerable burden and making it impracticable for complainant to discharge marital duties under such burden; that said habitual indulgence by defendant in said violent and ungovernable temper was displayed towards complainant by defendant almost daily from February 14th, 1905, until March 3, 1906; that from October 4th,'1904, to February’ 14th, 1905, or thereabouts, the relations between complainant and defendant as man and wife were pleasant; that until February, 1905, their home life was a happy one; that about February 14. 100c. for some reason unknown to complainant defendant formed and habitually exhibited a decided dislike for complainant’s son Joseph, which she displayed daily until complainant
It is not the policy of the law to grant divorces for' post nuptial causes short of marital infidelity when such causes do not in fact render one of the parties incapable of performing the duties incident to the marriage status. Relief is given in suoh cases by the courts on the ground that the conduct of one party renders it impracticable
The -status of husband and wife should not be dissolved by the courts except upon the conditions prescribed by law. Where a divorce is sought on the statutory ground of habitual indulgence by the defendant in violent or ungovernable temper, it is essential that the bill of complaint contain allegations of facts to show such habitual indulgence by the defendant in violent or ungovernable temper exhibited directly towards the complainant as that its frequency, violence and results effect injuriously the safety, health or personal comfort of the complainant to such an extent as to make the performance of the marital duties impracticable. The allegation of facts showing such conduct towards the other consort as is calculated to cause merely great humiliation, mental anguish, unhappiness, inconvenience, financial loss, estrangement of family ties, loss of friends, separation of members of the family or the like are not sufficient when it does not appear that the performance of the marital duties are thereby rendered impracticable.' The injury, injustice or wrong done to- others as the result of habitual indulgence in violent or ungovernable temper- does not warrant a divorce where such conduct does not disqualify one of the parties for the performance of the marital duties. Mere hardships, embarrassments, disappointments or mental pains and unhappiness do not make the performance of marital duties impracticable .and do not justify the courts in releasing ties that were intended to bind in weakness as in strength till severed by death.
Where a divorce is sought on the statutory ground of “habitual indulgence by defendant in violent or ungovernable temper” it is not enough to allege a temper as characteristic of the party or that when exhibited to
The bill of complaint alleges that the defendant displayed towards complainant a violent and ungovernable temper with the effect of rendering his life an oppressive and intolerable burden and making it impracticable for complainant to discharge marital duties under such burden. The question to be determined is whether the facts alleged justify this abstract allegation which standing alone would be insufficient. It is alleged that the violent and ungovernable temper of defendant towards complainant was displayed almost daily from February 14, 1905, to March 3, 1906, bur nearly all the particular instances stated show a dislike of the defendant for members of the complainant’s blood relatives and great rudeness to them, with indications of violence of language toward the complainant. The alleged cruel insinuations as to the complainant’s daughter having negro blood in her veins may not have been properly interpreted by the complainant as the defendant did not acknowledge them when spoken to. The abuse alleged to have -been repeatedly heaped upon the complainant is not directly alleged to have endangered his safety or even his health. The effect of marital unhappiness and of humiliation and financial and other inconvenience
The allowance for suit money and counsel fees does not appear to be excessive.
The decree appealed from is affirmed.
Cockrell, Hocker and Parkhill, JJ., concur;
Shackleford, C. J., and Taylor, T., providentially absent, concurred in the opinion when prepared.