Van Dyke v. Van Dyke

Citations

• 135 Pa. 459
• 19 A. 1061
• 1890 Pa. LEXIS 1205

Syllabus

<p>1. Incompatibility of temper is not a cause for divorce in Pennsylvania, and will not justify an abandonment by tlie husband or by the wife of his or her marital obligations and duties.</p> <p>2. The reasonable cause which will justify a desertion of a wife by her husband, or of a husband by his wife, must he such as would authorize a dissolution of the marriage bond by a divorce.</p> <p>3. A desertion, which is without consent and without sufficient legal cause, is presumed to be wilful and malicious; and, if persisted in for two years or more, it will entitle the injured party to a decree of divorce.</p> <p>4. Where the husband was not derelict in his duty to support his wife and family, his refusal to ¡jay his wife the ¡Drice of his boarding, will not justify her in deserting and abandoning him.</p> <p>5. A proceeding in the Court of Quarter Sessions, under the act of April 13, 1867, P. L. 78, resulting in an order for the payment by the husband of an allowance to Ms wife, will not bar a divorce, at Ms suit, on the ground of desertion.</p>