Kurniker v. Kurniker

Citations

• 54 Pa. Super. 196
• 1913 Pa. Super. LEXIS 39

Syllabus

<p>Divorce — Desertion—Separation—Mutual consent — Arbitration.</p> <p>' 1. Where a wife leaves her husband, taking her child with her, and thereafter husband and wife enter into a written agreement by which they agree to submit to arbitrators all the differences between them relating to their married life, the custody of the child, provision for maintenance of wife, and respective property rights, and the arbitrators make an award in strict accordance with the agreement, and the husband submits to the award, complies with its terms, and neither repudiates it nor the agreement, he cannot thereafter maintain a libel agaipst his wife for divorce on the ground of willful and malicious desertion.</p> <p>2. When a separation is continued by mutual consent as between the parties, it cannot be held to be a willful and malicious desertion for the purpose of procuring a divorce.</p>