Saville v. Saville

Citations

• 76 Pa. Super. 458
• 1921 Pa. Super. LEXIS 168

Syllabus

<p>Divorce — Desertion—Insufficient evidence — Review by appellate court.</p> <p>In an action for divorce on tbe ground of desertion, it is error to grant a divorce, where the evidence discloses that the parties had lived apart by mutual consent and that the libellant had continued to maintain a house in which respondent lived, where he visited her frequently, and there is nothing in the record to establish a wilful and malicious desertion.</p> <p>Living apart was purely by mutual consent, and the refusal of the wife to abandon the common home in the city and remove to the country, does not show any guilty intent to desert. Where a husband has consented to the separation between himself and his wife he cannot charge her with wilful and malicious desertion within the meaning of the divorce law.</p>