2 Conn. Cir. Ct. 218 | Conn. App. Ct. | 1963
The defendant was prosecuted under § 53-304 of the General Statutes and found guilty of neglecting or refusing to furnish reasonably necessary support to his wife. It is undisputed that the complaining witness, Mildred Bickerton, is the wife of the defendant and that he has failed to support her. His sole claim on appeal is that this failure was excused or justified because of the fault of his wife.
The defendant and his wife were married in December, 1959, and lived together until March, 1961, except for a short period of separation during the latter part of 1960. Both had been married before and each had adult children by prior marriages. The children of Mrs. Bickerton lived with her and the defendant at an apartment originally rented by her. Both the defendant and the complainant
The record is barren of any finding or assignment of errors and silent on any claims of law made by the defendant and on the conclusions reached by the court. As nearly as we can determine — being guided entirely by the transcript of evidence and the briefs of the parties — the defendant seeks to excuse himself from his duty under § 53-304 on the following grounds: (1) His wife refused to cohabit with him because, while they lived together, he did not support her, and (2) she forcibly ejected him from the apartment, thereby causing the separation of which she now complains.
The circular reasoning contained in the first ground stated is assertedly derived from the rule, in an equity action for support, that a husband is entitled to cohabitation as an incident to the support of his wife and “is not required to support her if she, by her conduct, makes cohabitation intolerable or prevents it without justification.” Martin v. Martin, 134 Conn. 354, 357. This case and others cited by the defendant deal with situations in which civil remedies were invoked and revolve about questions of divorce, separate maintenance, separation and the like. They do not touch upon criminal prosecution for nonsupport, which is the case before us.
This is not an action by the wife against the husband but a criminal prosecution in the name of
When a wife absents herself from her husband without just cause, his obligation to support her under § 53-304 becomes suspended. Alexander v. Alexander, 107 Conn. 101, 108. But if the separation has been induced by a common fault in which, to a substantial extent, both the husband and wife concurred, the husband is not relieved of his responsibilities under the statute. State v. Newman, 91 Conn.
There is no error.
In this opinion Pbuyn and Jacobs, Js., concurred.