Whelan v. Whelan

Citations

• 183 Pa. 293
• 38 A. 625
• 1897 Pa. LEXIS 757

Syllabus

<p>Divorce — Desertion—Befusal of request to return.</p> <p>A desertion without consent and without sufficient legal cause is presumed to be wilful and malicious, and when a wife so leaves her husband, and for a period of two years refuses to return, she is guilty of such desertion as will entitle him to a divorce. A husband will be entitled to a divorce where the evidence shows that his wife left his house after a quarrel, although her husband’s mother entreated her not to go; that a few days afterwards she sent for her clothes; that subsequently she paid no attention to a kind and conciliatory letter from her husband in which he urged her to return, and on a number of occasions she refused his request to return, and stated that she would not speak to him, and that if he spoke to her on the street she would have him arrested.</p>