Hardie v. Hardie

Citations

• 162 Pa. 227
• 29 A. 886
• 1894 Pa. LEXIS 968

Syllabus

<p>Divorce — Willful and malicious desertion.</p> <p>Where a wife leaves her husband’s house under the provocation of a blow, in the mere spirit of resentment, not intending to permanently desert him, and soon after returns, and the husband, in anticipation of her return, locks the doors against her, her absence thereafter will not be a willful and malicious desertion such as to entitle the husband to a divorce therefor.</p> <p>Gruel and barbarous treatment — Defence to desertion.</p> <p>Where the defence to an action for divorce for desertion is cruel and barbarous treatment by the husband, proof of a single blow given in anger is not ordinarily sufficient. If there is evidence of other acts of violence and threats, the burden is on the wife, the defendant, to prove that they occurred before the separation. “ If they were after she left him, clearly they did not prompt her to that act, whatever bearing they might have on the question as to whether a desertion, at first causeless, after-wards, by reason of his conduct, ceased to be willful.” By Me. Justice Dean.</p>