Lynch v. Lynch

Alvey, J., delivered the opinion of the Court. In this case, wo fully concur with the Judge below, that the facts disclosed do not establish a case of abandonment of the husband by the wife, within the meaning of the 25th section of the 16th Article of the Code of Public General Laws, to entitle the husband to a divorce a vinculo matrimonii. The proof shows a lamentable state of domestic discord to have ³³⁰ existed, and unbearable persecution of the husband by the wife, while living together, but there is no sufficient proof to establish the fact to the satisfaction of the Court that the wife, the party complained against, ever deliberately designed, by her conduct, to effect a final separation of herself and husband, beyond reconciliation, however naturally that conduct may have tended to alienate the husband from his home, and finally determined him to desert it. The evidence shows that the unhappy relations between the parties, was mainly owing to the wife’s ungovernable and vicious temper, and a morbid jealousy of her husband; but so far from having a deliberate design of producing an abandonment, it appears that, after her paroxysm of passion had subsided, she was always ready to admit her fault, and willing to become reconciled, promising not to repeat her offensive conduct.® The desertion of the common home was the act of the husband, the party complaining, and although he may have been fully justified in-so doing, still, he is not in a position to be divorced, on the ground of abandonment by the wife.

Cruelty of treatment, which is only ground for a qualified divorce, must not be allowed, when used as a justification for