186 Iowa 1066 | Iowa | 1919
In this action, the plaintiff sought a divorce against her husband on the ground of cruel and in
The action is based on Subdivision 5 of Section ST74 of the Code of 1897, which reads:
“Divorces from the bonds of matrimony may be decreed against the husband for the following causes: * * * 5. When he is guilty of such inhuman treatment as to endanger the life of the wife.”
During the years that intervened between the marriage of this plaintiff and the defendant, dark clouds had slowly enveloped her life. She was subject to curses, suspicion, and neglect. These produced mental disturbances, heart sickness, and unhappiness. These, reacting, had a natural tendency to imperil her life. There are plants that grow in dark and gruesome places. ' There are^plants that thrive only in the sunshine and the light. The sunshine and the light are essential to their lives. Without it, they fade and die. So, under the record that is made in this case, the court might well have found, and, we think, did find, that the plaintiff was not accustomed to the atmosphere in which she was forced to live after her marriage; that the chilling and life-sapping conditions found in her married life and in her home were due to the treatment of the defendant. Nothing is shown to have come between them and the happiness to which she was entitled as the wife of this man, except such as is traceable directly to his conduct. That her home life was unhappy, that the cold and chilling atmosphere of neglect, supplemented by a harsh mental attitude towards her and her antecedents, would ultimately tend to imperil her life, we think the record makes reasonably clear.
We are not disposed to set out the evidence, nor is it necessary to do so, because the questions upon which this case must be determined have many times been before this court. . No rule can be laid down that binds the mind of the court in determining whether- or not the plaintiff has shown herself entitled, under this statute, to be relieved from the unhappy and life-blighting influences in which she finds herself. Each case must be adjudged on its own particular facts. In reaching the conclusion we do, we are not guided