New Jersey Equity Reports Volume 66

New Jersey Equity Reports Volume 66

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1905 edition. Excerpt: ...had returned to his wife with even a promise of reform he would not have been gladly received. The question of importance in this case, however, is_whether the state of mind of the petitioner with reference to the continued separation of her husband from her has been of such a character that she must be deemed as consenting to the matrimonial offence of which she now complains. Where the acquiescence of the wife in the continued desertion of her husband arises from a reasonable belief on her part that in case her husband should come back to live with her he would, notwithstanding any efiorts on her part to efiect his reformation, resume a course of conduct grossly violative of his duty to her, 'and causing her constant physical or mental suffering, such acquiescence is not a voluntary consent to the matrimonial offence of desertion. It is practically a consent obtained by duress. I The doctrine of constructive desertion, applied to cases where the husband drives the wife from his home by cruelty and thus causes a separation, would be entirely untenable as a part of our divorce law if the consent of the injured wife to the continuous separation in such cases could be'deemed a voluntary consent so as to bar her suit. When a husband has persistently treated his wife with ex-_ treme cruelty, and then has been guilty of willful and continued descrtion of his wife for the statutory period, it would be a most astonishing condition of the law if he could defeat his wife's suit for divorce by eliciting from her a confession that she not only acquiesced in the separation, but preferred that it should continue. What the wife in fact does in such a'case is simply to make a choice between two evils. As between having a husband living with her...show more

Product details

  • Paperback | 172 pages
  • 189 x 246 x 9mm | 318g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236797590
  • 9781236797599