Hokemeyer v. Hokemeyer

Henderson, J., delivered the opinion of the Court. This appeal is from a decree of the Circuit Court No. 2 of Baltimore City dismissing a wife’s bill for permanent alimony. The parties were married at Elkton on November 20, 1947, and thereafter made their home in a house which she owned, subject to a mortgage and ground rent, 2232 West Fayette Street. Her married daughter occupied an apartment on the second floor, for which she paid a rent of $35 a month.

Mr. Hokemeyer was unemployed, but owned 8 houses in the City from which he derived a gross rental of $60 a week. Both of the parties are past middle age. The husband is 61, the wife 58 years of age. Each had been previously married.

The present marriage seems to have produced quarrels and altercations from its inception. One of her complaints was that he was niggardly in providing funds for the household and medical expenses. He threatened to leave on a number of occasions. On January 25, 1949, he did so, and told her it was final.

He had previously moved most of his possessions, and had his clothes packed when the final rift occurred. Several days later he returned for some articles of furniture. Neither on this, nor on any other occasion prior to the trial, did he personally indicate to her any desire to effect a reconciliation. After the separation he contributed nothing to her support.

A married son of Mrs. Hokemeyer testified that he gave his mother $10 a week after Mr. Hokemeyer left. It is clear, of course, that permanent alimony should not be awarded unless the complainant shows grounds sufficient to support a decree of divorce a mensa et thoro or a vinculo matrimonii. Zukerberg v. Zukerberg, 188 Md. 428, 431 , 53 A. 2d 20 , and cases cited. In the instant case the chancellor found that although the various quarrels and incidents leading to the separation were all of a trivial character, for which both parties were to blame, the husband “left without any reasonable or legal ²²⁶ grounds for having left.” He found, however, that the husband had made a bona fide offer of reconciliation, which barred relief to the wife.

On the same day that the husband left he consulted counsel, who forthwith dispatched a letter to the wife stating: “Your husband has been to see me about your marital situation. Will you please stop in to see me at your earliest convenience about the same.” The wife ignored the invitation and proceeded to engage counsel of her own. Without commenting upon the propriety of the communication, it could hardly be construed as an offer of reconciliation, but on the contrary, constituted a threat of legal proceedings and was well calculated to widen the existing breach. Moreover, as we have stated, when the husband called to take away certain furniture after the wife had received this letter, he gave no hint that he had changed his mind.

On March 11, 1949, counsel for the husband wrote to counsel for the wife stating that his client “would like very much for Mrs. Hokemeyer to come * * * [to 4670 Kernwood Avenue where he was residing] and live as husband and wife. He makes this offer in absolutely good faith, and if she will inform him when she would like to come over to his house, he will make arrangements for transportation.” Mrs. Hokemeyer was informed of this invitation, but “didn’t pay any attention to it. * * * He didn’t show anything to me to take him back * * * after the way he had treated me.” A few days later the bill was filed, alleging desertion, and the tender of March 11th was specifically set up as a defense in the answer. In the course of the trial, the chancellor asked Mrs. Hokemeyer “why aren’t you