This is a contested divorce action where plaintiff-husband seeks a divorce from defendant-wife on the ground of indignities to the person. The master has recommended that the decree be granted and the matter is before us on defendant’s exceptions to the master’s report.
The evidence shows that plaintiff is 40 and defendant is 41. They were married on October 7, 1953, and five children were born to them who reside with plaintiff. The parties separated in 1968 and they have not lived together since then.
The master held two hearings at which 110 pages of testimony were taken. The indignities complained of by plaintiff were that defendant was a poor housekeeper, used obscene language toward him, falsely accused him of infidelity, including sexual relations with his niece, and threatened him with physical violence. He said that the course of conduct degraded, embarrassed and humiliated him.
Defendant, in general, denied plaintiff’s testimony. Her version was that she never threatened plaintiff, that she was a good housekeeper except the times she was in the hospital. She admitted accusing defendant of infidelity, but stated that the accusations were justified. The parties called several witnesses to corroborate their stories, all of whom were related to the one who called them. The cases are legion which hold where the testimony is in conflict, the master’s recommendations are entitled to the fullest consideration because he saw and heard the witnesses and was in a position to assess their credibility: Bothe v. Bothe, 207 Pa. Superior Ct. 361 (1966). In compliance with our duty, we made an independent review of the testimony in this case and have found no reason to disagree with the master’s findings and conclusions.
Plaintiff amply supported his claim that defendant
Plaintiff also claimed that defendant threatened him several times. One such incident included defendant pointing a loaded rifle at plaintiff. Defendant denied the incident altogether. Another time, plaintiff testified that he awoke one night and found defendant standing over him with a knife in her hand.
We are satisfied that the record supports the conclusion that defendant engaged in a continuous course of conduct, amounting to indignities, of a sufficiently serious nature to make plaintiff’s condition intolerable and his life burdensome.
Defendant claims that a divorce should not be granted because plaintiff is not an injured and innocent spouse. More specifically, defendant claims that plaintiff beat her. However, the testimony reveals that the only time plaintiff hit defendant was in self-defense when defendant threatened plaintiff with physical violence or when defendant attempted to commit suicide. In any event, plaintiff is not required to be completely blameless to be the injured and innocent spouse: Margolis v. Margolis, 201 Pa. Superior Ct. 129 (1963). We need only determine which party is least open to the charge of causing the situation: DiTroia v. DiTroia, 202 Pa. Superior Ct. 7 (1963). We find that plaintiff is, in fact, an injured and innocent spouse and therefore entitled to a divorce.
We further believe that defendant is not entitled to the defense of insanity. This defense was never pled. At no time did defendant testify that her actions were caused by a mental condition nor did she produce or ask the master for an opportunity to produce any medical testimony to support that proposition. To the contrary, the whole thrust of her defense was
ORDER
And now, February 10, 1972, defendant’s exceptions to the report of the master are overruled and dismissed and it is further ordered, adjudged and decreed that the said Calvin H. Hansford, plaintiff, is hereby divorced from the said Giovanna R. Hans-ford, defendant, and from the bonds of matrimony contracted with her, with the same effect as if they had never been married.
An exception is granted to defendant.
