Aikens v. Aikens

Citations

• 57 Pa. Super. 424
• 1914 Pa. Super. LEXIS 215

Syllabus

<p>Divorce — Cruel and barbarous treatment — Charge of infidelity.</p> <p>1. Where a husband tells his wife that he had been intimate with another woman for the purpose “that if she believed me that she would leave me,” and the wife does believe him, and afterwards charges him with infidelity, and makes statements to that effect to other persons, the husband in a subsequent suit for divorce cannot allege such charges and statements as cruel and barbarous treatment and indignities within the meaning of the act.</p> <p>2. Where first cousins were married prior to the date of the act which made such a union illegal, the court cannot in a divorce proceeding instituted after the passage of the act consider the fact that the parties were first cousins as in any way material to the issue involved in the proceeding.</p> <p>3. A husband will not be granted a divorce on the ground of indignities to the person and cruel and barbarous treatment where' the only evidence of such acts is the testimony of the husband himself, and all of such acts are denied by the wife and contradicted in most essentials by other witnesses, even those called by the libelant.</p>