Brennecke v. Brennecke

Henderson, J., delivered the opinion of the Court. This appeal is from a decree of the Circuit Court No. 2 of Baltimore City, awarding permanent alimony to a wife, in accordance with a prayer of her bill, in the amount of $75.00 a week, awarding her custody of two minor children, with support of $10.00 a week for each child, and awarding to the wife’s attorney counsel fees of $600.00 for his services in the lower court and $250.00 for his services in this Court. The Chancellor dismissed the husband’s cross-bill. The wife has filed a cross-appeal, on the ground that the fee of $600.00 was inadequate.- The chief contention of the appellant is that the wife did ⁴⁴⁹ not make out a case of constructive desertion by the husband, and therefore her bill for permanent alimony should have been dismissed, and the prayer of the cross-bill granted.

There seems to be no dispute as to the applicable legal principles, and we see no occasion to restate them. The Chancellor found that the parties had had no sexual relations for at least two years prior to the actual separation, as was admitted by both parties, and that this was the fault of the husband, rather than the wife. We think there was evidence, and corroborating evidence, to support the Chancellor’s finding. This is peculiarly a case where the Chancellor’s findings of fact should not be disturbed.

Reicher v. Reicher, 196 Md. 494 . To summarize the voluminous testimony, we think the record establishes that this was a happy marriage from 1943 until after the birth of the second child in 1950, at which time the wife was twenty-seven and the husband thirty-one years of age. At about that time the husband obtained a better job, and became indifferent to his wife and family. She discussed her marital problems with Dr. Russell, who had been her obstetrician.

He testified to a marked change in her, in that she was nervous and distraught. She told him that for some time past she had not had any sexual relations with her husband, and complained of his neglect and animosity. He discussed the matter with the husband, who was extremely noncommittal, although he agreed to again share a double bed with the wife. This arrangement was soon discontinued; he occupied a separate bed and told his wife that “'sexual life was not the most important thing”.

That was in 1951, according to her testimony, and they had no sex relations after that time. He admitted there had been no sex relations within the last two years before the separation. There was also testimony that the husband was harsh and abusive to his wife, and given to tirades and bad language, which was verified by the testimony of a neighbor. The wife’s health became seriously impaired, culminating in an incident that occurred on May 6, 1956.

After a scene between the parties, the wife went to a movie, but later drove to the Union Memorial Hospital in a hysterical condition, where she was placed under sedation and given a room. When the husband ⁴⁵⁰ came to the hospital he declared she did not need medical attention, and demanded that she return home. She told him she did not want to go home, and a few days later went to her parents’ home. He father made arrangements with the husband, that he should temporarily move out, of the