McMullin v. McMullin

Citations

• 123 Cal. 653
• 56 P. 554
• 1899 Cal. LEXIS 1133

Syllabus

<p>Maintenance without Divorce—Cube of Desertion—Bona Fide Offer op Husband Pendente Lite—Defeat of Action.—An action by a wife for permanent maintenance by the husband without divorce, is defeated, where the desertion by the husband is cured pendente lite, by a bona fide offer of the husband to provide a home for the wife at any reasonable place of her own choosing, and to return and live with her as husband and wife, although such offer is made more than one year after the desertion.</p> <p>Id.—Limited Divorce.—To enforce, the duty of support against a defendant who seeks in good faith to fulfill his obligations, and at the same time to exonerate the plaintiff from the correlative duty of dwelling with the defendant at some reasonable place of abode, would be the granting of a limited divorce, for which our law makes no provision.</p> <p>Id.—Good Faith of Offer—Question of Fact—Duty of Wife.—The good faith of the offer of the husband is a question of fact, and where his good faith is ascertained as a fact it is the duty of the wife to test his professions by acceptance, and she cannot capriciously refuse to be satisfied of the good faith of his offer. If he thereafter proves derelict, her complaisance will not prejudice her claims upon him.</p> <p>Id.—Solicitation of Condonation.—A bona fide offer by the deserting husband to return and provide a home for the wife, and expressing his willingness for a reconciliation, and offering to fulfill the marriage contract, with a request to her to do likewise, implies a request for conditional forgiveness which is condonation, and involves a solicitation of condonation for his offense of desertion.</p>