Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 152

Reports of Civil and Criminal Cases Decided by the Court of Appeals of Kentucky Volume 152

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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. 1913 edition. Excerpt: ...the evidence upon which the divorce was granted appellee should be considered on her application for alimony; that under the evidence she was not entitled to a. divorce, and, therefore, is not en-titled to alimony. This, however, is not the rule in such cases, for although the wife be in-r fault, yet if there be equal or some fault on the part of the husband, the wife, having no estate of her own, may have alimony, even where-the divorce is given to the husband. Pore v. Pore, 20 Ky., L. R., 1980, 50 S. W., 681. In that case the husband sued the wife for a divorce upon the ground of abandonment on her part, and she answered admitting the abandonment, but charging it was due to cruelty upon "his part. And, although the court there gave the husband a divorce, it nevertheless gave the wife a judgment for $400.00 alimony. And, in Griffin v. Griflin, 8 B. Mon., 120, the court laid down this rule: "The law, with due consideration-for the frailty of human nature, does not'require the conduct of the wife to be entirely blameless, to entitle her to alimony. But when it is evident that she has been the chief cause orf all the disturbance and scenes of violence in the family, and has pursued a' systematic course of petty annoynnces, with a view, as expressed iby herself, to harrass her husband and drive him to desperation, to sustain her claim to alimony under such circumstances, would be to encourage family dissensions, and contemptuous disregard of those duties imposed 'by the marriage relation." If the wife were required to be entirely without fault before she could ask a support from her husband, it would work a great hardship upon the wife, and give an undue advantage to the equal-ly faulty husband, since divorces...
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Product details

  • Paperback | 392 pages
  • 189 x 246 x 21mm | 699g
  • English
  • Illustrations, black and white
  • 1236931904
  • 9781236931900