91 N.J. Eq. 147 | N.J. | 1919
This is a suit foil divorce brought by a husband against his wife, his complaint being that she had been guilty of a willful, continued and obstinate desertion for a period of two’ years prior to January 23d, 1917, the date when the petition was filed. The proofs showed that the defendant had left her husband’s home in December, 1912; that they remained apart until the following September, when he visited her at Bridgeport, where she was then living, and spent two* days at her home, during which time they resumed marital relations. At the end of his visit he returned to his home at Little Palls, New Jersey, and ■since that time they have continued to live apart.
Our examination of the testimony leads us to the conclusion that the wife was not solely to blame for the breaking up of the family home, but that, on the contrary, his treatment of her during their life together was a contributing cause of their separation. During the periods from September, 1912, to December, 1913, he made reasonable effort to induce her to return to him, and we are inclined to think that the wife was wholly responsible for the continuance of their separation during that period; but in view of. the fact that they resumed marital relations at the date last mentioned, the period of time preceding such resumption cannot be considered to be a part of the two
The decree appealed from will be affirmed.
For affirmance — Tub Chief-Justice, Swayze, Trenchard, Parker, Bergen, Minturn, Kalisch, Black, White, Heppeni-ieimer, Williams, Taylor, Gardner, Ackerson — 14.
For reversal — None.