183 Pa. 293 | Pa. | 1897
Opinion by
This is a libel for divorce on the ground of wilful and malicious desertion, brought by the husband against the wife. The learned court below thought that the evidence was not sufficient to prove a wilful and malicious desertion on December 24,1893, and therefore refused a decree of divorce. We are unable to take that view of the testimony, and are very clear that the evidence establishes fully that the desertion was deliberate, intentional and continuous from the time the respondent left the libellant’s home which was on December 24, 1893. On that day there was a quarrel in the morning between the parties, which was renewed in the evening, and thereupon the wife left her husband’s home, although his mother entreated her not to leave, reminding her of her marriage vows at the altar. She replied that she did not care what she had promised, and left. She went to the home of her parents and in a few days sent for her clothes which were taken to her, and from that time on she never returned to her husband’s home. On January 4, 1894, less than two weeks after she left, her husband sent her a kind and conciliatory letter, urging her to return, and promising to treat her kindly, and assuring her that she would be made welcome if she returned. To this letter she made no reply and paid no attention. It was testified that at the hearing before Judge Pobteb upon an application for support, her husband at the instance of the judge made .another effort at reconciliation, but it was in vain. She refused even to speak to him, and turned her back to him. It was also testified that the other members of her husband’s family made efforts to bring about a reconciliation both before and after the hearing, but she refused to negoti
The decree is reversed at the cost of the appellee and the record is remitted with instructions to enter a decree of divorce for the libellant.