Pearce v. Pearce

Citations

• 53 Pa. Super. 129
• 1913 Pa. Super. LEXIS 143

Syllabus

<p>Divorce — Desertion—Consent—Evidence.</p> <p>1. A libel for divorce by a husband against his wife for desertion will be dismissed where the great preponderance of the evidence is in favor of the conclusion that, if the libelant did not actually expel his wife from his house, she left by and with his consent and expressed wish.</p> <p>2. A guilty intent to desert is rebutted where the separation is encouraged by the other party, or by mutual consent. Mutual consent to a separation, not revoked by either party, is as fatal to an application for a divorce upon the ground of desertion as would be acts on the part of the libelant which would give the respondent legal cause to leave him, and to obtain a divorce from him.</p>