delivered the opinion of the Court.
A husbаnd appeals from a decree awarding permanent alimony, without divorce, to his wife. Custody of two minor children was awarded temporarily to him, as prayed in his answer, subject to further order of court. The husband does not challenge the amount of the alimony award but contends that he had just cause for leaving the marital homе and severing the marital-relation because of the wife’s misconduct.
The parties were married in 1948, and the first years seem to have been happy ones. The children were born in 1949 and 1951, respectively. The husband is an electrical engineer with an adequate salary. The wife graduated from Teachers’ College at Columbia and taught school before the marriage. He was employed at Troy, New York, and in New Jersey prior to his employment in Maryland in 1956 where they purchased a home in Anne Arundel County. The husband testified that while they were living in New Jersey, the wife became increasingly moody and sought to avoid all social contacts. This improved after they moved to Maryland, but she soon began to manifest the same propensity. Early in 1959, she began to exhibit an antagonistic attitude towards him, accompanied by hallucinatiоns concerning steel doors and bars, irrational talk, and neglect of the house and children. He testified that he finally realized that his wife was “a sick woman.” He testified that in May, 1959, she refused to have further marital relations with him, although she testified they had relations as late as June 11, 1959. Upon advice of their minister he consulted a psychiatrist аnd was advised to have her examined by two medical doctors. She refused to see any doctors, but by a ruse he succeeded in his purpose. Under their certification she was committed to The Sheppard & Enoch Pratt Hospital and forcibly removed thereto in an ambulance on June 12, 1959. The doctors who examined and treаted her there diagnosed her case as paranoid schizophrenia. His sister took care of the children. He visited her in the hospital from time to time but was advisеd that the chances for her complete recovery were slight.
Some time in October or November, he told the hospital authorities that he had decided tо divorce her. He told them he *158 was constantly under pressure from her family to have her released and that they blamed him for her condition and for having her committed. Hе stated that he could not face the prospect of living with her again. He also discussed the matter of divorce with his wife. On December 12, 1959, “against medical advicе”, he “signed her out of the hospital”. The hospital records, admitted in evidence by stipulation, show that her condition was noted as “improved”, b.ut prognosis “poor”. Members of her family took her to her home, but the husband was not there. He admitted that he hoped her family would take her to New Jersey and relieve him of her care. He left a note saying that she should get in touch with his lawyer. He left a check for “your first week’s support.” The note concluded with the words “[g]oodbye, good luck.” He never rеturned. The children continued to live with his sister.
The record shows clearly that the husband intended to sever the marital relation permanently. Cf.
Provenza v. Provenza,
The appellant relies strongly upon the case of
Kruse v. Kruse,
On the other hand, in
Ritz v. Ritz,
In the instant case it appears to be conceded that thе appellee was not, and is not, mentally incompetent in a strict legal sense. She was able to testify in open court. We assume, without deciding, therefore, thаt she is legally responsible for her actions. Although there is no opinion in the record—and apparently no memorandum of the grounds for the court’s decision was rеquested under Maryland Rule 18 c—■ the decree awarding alimony without divorce, which is m effect a separate maintenance, imports a finding that the husband deserted without just cause, as alleged in the bill. Alimony cannot be awarded except upon proof of a statutory ground. Provenza v. Provenza, supra, and cases cited. If the husband was justified in leaving becаuse of her conduct, he could not be charged with her support in the absence of agreement. The finding of the chancellor, who saw and heard the witnesses, must stand unless clearly wrong. Maryland Rule 886 a.
In Kruse v. Kruse, supra, the wife’s conduct was described as violent and outrageous. She made a number of serious assaults upon her husband, broadcast tо the neighbors her suspicions and complaints, and even invaded his place of em *160 ployment and complained to his superiors about his immoral relations with women at work there. Yet there was testimony that she could not be considered a seriously sick woman from a psychiatric point of view. In the instant case the wife withdrew into herself and avoided social contacts. There is little evidence of violence and none at all as to interference with his business. The only evidence of jealousy is his statement that she charged him privately with being enamored of screen actresses. His testimony as to a refusal of marital relations is uncorroborаted and denied.
The most serious charge that can be brought against her is that she neglected her household duties and the children, whom she kept out of school just priоr to the final episode. This fact, plus the evidence of irrational and typically paranoidal statements, fully justified the husband in taking steps to have her committed. Hе recognized that she was “a sick woman”. Obviously, the situation had reached a crisis. However, as suggested in the report of the Director of Welfare to the cоurt in the matter of custody, the husband did not explain to the children that their mother was ill and perhaps was at fault in permitting them to witness her forcible removal from the home. No doubt the husband and children had a painful experience. He testified that worry caused him to lose forty pounds. However, much of his subsequent discomfort seems to have been due to the pressure from, and extravagant accusations of, her family, who seemed to believe that she was not ill and that if she was, he was the causе of it all. The wife cannot be chargeable with their conduct, nor can the husband rely upon her absence from the home after commitment. The case turns upon her prior conduct, and under all the circumstances we are not satisfied that the chancellor was clearly in error in his finding of fact and therefore affirm the decree.
Decree affirmed, costs to be paid by the appellant.
