COM. ex rel. FRIEDRICH v. FRIEDRICH

Husband and Wife — Support — Defendant entitled to divorce — Evidence — Indignities to the person.

In a proceeding for the support of relatrix and the parties' younger daughter, in which it appeared that the court below resolved the issue of the credibility of the parties in favor of defendant, and found that relatrix was guilty of various courses of conduct constituting indignities to the person of defendant, in that she frequently made unfounded accusations of misconduct on his part with other women, threatened to cause trouble for him (a Pennsylvania State Policeman) with his superior officers, interminably hounded him with vile and obscene gutter-type opprobrium, and otherwise continuously manifested her settled hate, estrangement and disdain, and that the instant proceeding, involving defendant's arrest for nonsupport, was spitefully instigated by relatrix even though defendant was at the time providing adequate support; and that the court below entered an order against defendant for the support of the daughter, but refused to find liability in favor of relatrix, on the ground that defendant had established ground for divorce; it was Held that the order of the court below should be affirmed.

Argued September 16, 1963.