Becker v. Becker

This action was commenced by the wife for a divorce on the ground that the parties have lived apart pursuant to a judgment of separation (Domestic Relations Law, § 170, subd. [5]) and further, on the ground of cruel and inhuman treatment (Domestic Relations Law, § 170, subd. [1]). In his answer the defendant husband denies the material allegations of the complaint and requests that each of the two causes of action be dismissed for failure to state a cause of action, and that custody of the two infant issue of the parties be awarded to him.

The uncontradicted evidence establishes that the…