BRETT v. BRETT

Divorce a Mensa — Cruelty — Intoxication.

That the husband occasionally drank liquor to excess, and that at those times he indulged in such reprehensible conduct as striking his wife with the palm of his hand or a folded newspaper, and even giving her a passing kick, held not sufficient to entitle her to a divorce a mensa et thoro, especially in view of evidence showing her condonation of his breaches of marital duty.

Legal cruelty on the part of the husband, sufficient to justify a divorce, must be such conduct as will endanger the life, person, or health of the wife, or will cause reasonable apprehension of bodily suffering, rendering cohabitation physically unsafe to a degree justifying a refusal to continue it.

Decided January 15th, 1936.

MITCHELL, J., delivered the opinion of the Court.

Unreported cases.