Fuller v. Fuller

Marbury, J., delivered the opinion of the Court. The legal battle that precipitated this appeal is a product of domestic strife that caused the litigants herein first to engage in physical violence and finally to seek a divorce a mensa et thoro through the courts of this State. Mr. and Mrs. Fuller were married October 18, 1952, in Annapolis. Mr. Fuller was engaged in an accounting business in which his wife took an active part until it was sold in 1965.

Early in June of 1966 Mr. Fuller became disturbed by the way his financial affairs were being handled, and upon making an analysis of his books and bank statements ascertained that during the period of January 1, 1966, through May 31 of the same year, his wife, who at that time had almost complete charge of his finances, had given him $173 while she had spent $3400 for her personal benefit, including $1500 for country club stock which he had instructed her not to buy. Being in doubt as to what steps he should take, he consulted an attorney and acting on his advice, Mr. Fuller closed out a joint account in his and his wife’s name and deposited the funds in his personal account. He also confiscated from his wife’s purse all credit cards and took steps to preclude her from obtaining credit on his account with area merchants. On June 6, 1966, when she learned of her husband’s actions in removing her from a position of financial control, Mrs. Fuller, who was under the care of a psychiatrist at the time, became enraged and with an admitted intention to kill her husband, attacked him.

She was prevented from using a knife and gun on her husband only by his defensive maneuvers and by his leaving the premises in his car. Mr. Fuller returned that evening accompanied by a policeman and got some of his clothes, telling his wife at this time that he was leaving temporarily. After spending the next four days at his mother’s, Mr. Fuller returned home, having in the meantime consulted his wife’s psychiatrist, who thought that it would be safe to do so. On ³⁰ his return, all attempts to reconcile were rejected by her and on June 18, while he was away on a business trip, she moved from their home taking with her all her clothes, all the food and a substantial amount of furniture, and moved into an apartment.

In the meantime, on June 8, 1966, Mrs. Fuller had obtained the services of an attorney who filed a bill for divorce a mensa et thoro on her behalf, alleging that Mr. Fuller had deserted her and left her destitute without means of support. On June 29, 1966, Mr. Fuller filed a cross-bill alleging desertion by his wife on June 18, 1966, and further, that in addition to paying household expenses that he was giving her $50 a week and thereby was providing adequate support. After hearing testimony by the parties and their witnesses, Judge Pitcher found that the acts of the husband in withdrawing financial control from his wife did not amount to desertion, especially in light of the $50 per week that he provided for her. He also found that leaving the home temporarily on June 6, 1966, did not constitute desertion by him since he intended to' and actually did return four days later, and left only to protect his personal safety.

With respect to the cross-bill, Judge Pitcher ruled that on the undisputed facts set forth above, that by moving from their home on June 18 shortly after her attack on her 'husband, without justification and with no intention to return, that Mrs. Fuller had deserted her husband. Accordingly, he dismissed the