Hartner v. Hartner

Citations

• 75 Pa. Super. 342
• 1921 Pa. Super. LEXIS 13

Syllabus

<p>Divorce — Desertion—Separation by consent.</p> <p>In an action for divorce, on the ground of desertion, the elements of wilfulness and malice are essential, and the guilty intent is manifest, when without cause or consent either party withdraws from the residence of the other, and the desertion is an actual abandonment of matrimonial cohabitation, with an intent to desert wilfully and maliciously and persisted in for two years without cause.</p> <p>Where, from the testimony produced before the examiner on a libel in divorce, it appeared that the parties had separated from and returned to one another numerous times, and that proof of malicious desertion for a period of two years was vague and insufficient, a decree granting a divorce will be reversed.</p>