194 A.D. 907 | N.Y. App. Div. | 1920
The following is the opinion of the court below:
The plaintiff seeks a decree of separation for alleged cruel and inhuman treatment by the defendant and such conduct on his part towards her as rendered it unsafe and improper for her to live and cohabit with him. The defendant duly answered, challenging the allegations of plaintiff’s complaint and setting up separate and distinct defenses in the answer. The issues were brought on for trial, and I find that the plaintiff has not sustained the allegations of the complaint that would warrant granting a decree of separation. There was neither cruel nor inhuman treatment of the plaintiff by the defendant, nor was there such conduct on the part of the defendant towards the plaintiff as rendered it unsafe and improper for her to live and cohabit with him. The most serious charges failed in proof. The defendant was very considerate of his wife. The plaintiff is of a very quick temper and was very exacting of the defendant. He tolerated much of her conduct. He washed the dishes, got his own breakfast .and even scrubbed the floors at times. There seems to be a prevalent notion that, when husband and wife have occasional, unhappy differences, they can be separated by law. This idea is a mistaken one. It is the policy of the law to keep husband and wife together, to carry out their marital relations,- and not to encourage separation. That the parties are not mated is no reason why they should be separated. Separations are not to be tolerated for slight causes or occasional, unhappy differences or when mutual love and affection, harmony and peace have been temporarily-suspended. Occasional discord and strife or mutual aversion between husband and wife is not a sufficient ground for separation. The right of a court to grant a separation is based entirely upon the statute,
See Code Civ. Proc. § 1762 et seq.— [Rep,