66 Pa. Super. 257 | Pa. Super. Ct. | 1917
Opinion by
The ground upon which the appellee in this action alleged that he was entitled to a divorce was that the respondent “had offered such indignities to the person of the libellant as to render his condition intolerable and life burdensome, and thereby compelled him to cease to reside with the said respondent.” The authority to grant a divorce upon this ground was conferred by the Act of June 25, 1895, P. L. 308. The case was referred to a master who filed a report recommending that the libel be dismissed, but the court below sustained exceptions filed to the report of the master and entered a decree granting a divorce; from which decree we have this appeal,
It is important to notice that “indignities to the person” and “cruel and barbarous treatment” are two distinct causes of divorce. Prior to the Act of 1895 the law did not invest the courts with jurisdiction to grant a divorce to a husband upon the ground of “indignities to the person.” The Act of May 8,1854, did confer jurisdiction to grant a divorce to a husband “where the wife shall have, by cruel and barbarous treatment, rendered the condition of her husband intolerable or life burdensome.”
Thorough consideration of the testimony produced in this case has led us to the conclusion at which the court below arrived. The testimony of the libellant, which was corroborated by a number of witnesses, established that the respondent had pursued a course of conduct towards him which must necessarily have tended to render intolerable the condition and burdensome the life, of any man who had any self-respect or any regard for the opinion of others, or who was not' ready to avow himself a criminal and defy the opinion of all with whom he came in contact. She accused him not only of conduct most disgusting and degrading, but of crimes, the punishment of which would have been imprisonment for long terms. These charges were made not only to the husband but to those with whom they associated and they were made not merely on rare occasions, but persistently. The charges were of such a character that we do not feel warranted in .repeating them. The entire testimony, produced by both the parties, clearly indicates that these accusations had their foundation in the fact, that the respondent'was jealous of her husband, and has been jealous of him for years. The charges were, however, inten
The decree of the court below is affirmed.