Hooper v. Hooper

Bruñe, C. J., delivered the opinion of the Court. In this case Judge Manley, sitting in the Circuit Court No. 2 of Baltimore City, entered a decree granting a divorce a mensa et thoro to the husband on the ground of desertion, and the wife appeals. The appellant claims (a) that the desertion was by the husband and not by her; and (b) that she made an offer of reconciliation which he refused. This suit originated as one concerning the custody of the children of the parties, one of whom has since come of age, but an amended bill was later filed by the husband seeking a limited divorce and this appeal brings under attack only that portion of the decree granting a divorce and not the awards of custody.

There were also two other suits between the parties, one of which was brought by the wife for permanent ⁶⁷ alimony, and the other of which was brought by the husband for the appointment of a receiver to sell or rent a piece of improved real property in Charlestown, Cecil County, owned by the husband and wife as tenants by the entireties. These three suits were consolidated for hearing before Judge Carter in the court above named, and the trial began on February 1, 1960. On that day, following the taking of some testimony and conferences between the court and the parties and counsel, these dispositions were made: (i) the wife’s bill for permanent alimony was dismissed without prejudice on motion of her counsel; and (ii) the husband’s bill for the appointment of a receiver was dismissed, the court stating his understanding that the wife, as one of the tenants by the entireties, was going to move into the property; and (iii) the custody of the six-year-old son was held sub curia pending receipt of a report by the Probation Department, with custody temporarily awarded to the mother. There had been disputes and disagreements and cessations of marital relations between the parties for some time prior to the proceedings before Judge Carter on February 1, 1960.

The place at Charlestown and after December, 1958, the wife’s conduct while there had been a major source of contention. Almost immediately after the proceedings before Judge Carter the wife did move to Charlestown, taking the youngest child with her and leaving the husband and the two older sons at what had been the matrimonial domicile in Baltimore. Soon thereafter the husband filed his amended bill by which he sought a divorce based upon the wife’s desertion on February 3, 1960, in addition to custody of the minor children. The case came on for hearing on the amended bill before Judge Manley, on April 5, 1960.

In his oral opinion he referred to the “many” separations between the parties which had occurred during the course of the marriage. He reviewed briefly the two separations and the intervening temporary reconciliation which had occurred between December, 1958, and February 1, 1960; and he concluded that the last of