173 Ga. 434 | Ga. | 1931
1. Evidence that a wife refused to live in the home of her husband solely because the latter wished his mother to live in the home with them, without showing any specific ground of objection to the mother or other reasons why she should not live with them, will not justify the wife in refusing to live with her husband and will not support a petition for divorce based on alleged three years continued wilful desertion by the husband. See Perkerson v. Perkerson, 157 Ga. 589 (122 S. E. 53).
2. Evidence that after alleged acts of cruel treatment the parties voluntarily renewed their marital relations by living together as husband and wife for one week, and that there was no subsequent cruel treatment upon the part of the husband, shows condonation (Phinizy v. Phinizy, 154 Ga. 199(3), 114 S. E. 185; Glenn v. Glenn, 152 Ga. 793(4), 111 S. E. 378; Sorrells v. Sorrells, 162 Ga. 734, 134 S. E. 767), and will not support a petition for divorce based on alleged cruel treatment.
3. The petition for divorce by the wife in this case being upon the grounds both of wilful and continued desertion for a term of three years as provided in the Civil Code, § 2945(7), and of cruel treatment as provided in § 2946, and the uncontradicted evidence of the wife being substantially as indicated in the preceding divisions, the judge erred in giving the instruction to the jury upon which error is assigned. The instruction referred to was as follows: “Now, as a general rule, the husband has the right to select the home; and unless there is some
Judgment reversed.