44 A.2d 526 | Pa. Super. Ct. | 1945
Argued September 25, 1945. Except for the first few years following the marriage of the parties in 1923 there was little happiness in their family life. Respondent left their common home on July 24, 1942, and did not offer to return until more than two years after that date. Following proceedings before a master, this action was heard de novo by Judge FLOOD of the court below. The defense was that, because of the conduct of her husband, respondent was justified in leaving him and remaining away. We agree with the court that testimony falls short of justifying the separation, and the decree of divorce, entered on the charge of desertion, will be affirmed.
Respondent accused her husband of two acts of physical violence. More than 18 years ago, she said that libellant kicked her as she sat on the stairway in their home blocking his passage. In 1937, in the course of an argument libellant slapped her in the face. He denied the first but admitted the second occurrence; as to the latter, he said that she picked the quarrel and goaded him into striking her. Libellant then left the respondent and remained away for three months. By agreement, he returned for the sake of their eleven-year-old boy. Though they then lived in the same house until the final separation they did not speak to each other. Respondent attributed their unhappiness to "the building up of . . . little differences" and when asked: "Who built up the little differences?" she said: "Well, both of us." There were frequent arguments, for many of which both were to blame. She stressed the fact that libellant had left her, also, for short periods in 1933 and in 1935. Under the circumstances as we accept them from the testimony, he was justified in leaving on both occasions and, in each instance, it was at her request that he returned. There were dissensions over money matters and respondent complained that he did not give her enough to run the household. For the most part these were depression years, with little activity in libellant's real estate *217 business. Until recently, his earnings were small. He gave his wife a regular weekly allowance of $15, which, though inadequate except for necessaries, at least kept them from want.
The decree may not be reversed on the ground that there is no more than a doubtful balance of the testimony, as suggested by appellant, under the principle of Twaddell v. Twaddell,
The hearing judge questioned respondent's credibility and his conclusion, as to which of the parties is to be believed in their conflicting testimony, is entitled to respect. McKrell v.McKrell,
Decree affirmed.