STRONG v. STRONG

HUSBAND AND WIFE, § 171 — when decree for separate maintenance unwarranted. In suit for separate maintenance after 6 months of marriage, where both parties were married previously, and plaintiff relied upon one act of physical cruelty in which defendant slapped her, and another act of alleged unnatural sexual impulse as also constituting cruelty, where both acts were condoned by continued living together until plaintiff left when defendant refused to put his money in joint bank account with her, and where plaintiff produced no medical testimony that an alleged nervous illness in fact existed or was causally related to her married life, held that decree for plaintiff was against manifest weight of evidence and suit should be dismissed for want of equity under rule that incompatability of disposition, slight moral obliquities, occasional exhibitions of passion and trivial difficulties do not constitute good cause for living apart, and that life, health or person of wife must be in such danger as to render marriage unendurable to justify living apart.

Opinion by JUSTICE STONE.

Not to be published in full. Opinion filed July 7, 1945; released for publication August 7, 1945.