McClenahan v. McClenahan

Citations

• 25 Del. 599
• 2 Boyce 599
• 80 A. 677
• 1911 Del. LEXIS 96

Syllabus

<p>Divorce — Grounds—“Extreme Cruelty”.</p> <p>A husband, guilty of dishonesty and fraud towards his creditors by issuing to them worthless checks, and guilty of making false representations to his wife as to his debts, but who does not thereby intend to annoy or injure her is not guilty of such extreme cruelty as justifies a divorce to the wife, suffering mentally and physically in consequence of his acts, since such suffering, to justify a divorce, must have been induced by the voluntary and con-conscious act of the husband, and must result from direct acts of the husband on the mind of the wife; “extreme cruelty’’ being the infliction of grievous bodily injury or grievous mental suffering by one party to the marriage on the other (citing 3 Words and Phrases, p. 2630).</p>