Barden v. Barden

Undercofler, Justice.

On April 12, 1972, Norma Dunn Barden filed a complaint for divorce against Howell Lester Barden, Sr., on the ground of cruel treatment. The defendant filed an answer and a cross complaint seeking a divorce on the statutory ground of cruel treatment.

On January 3, 1973, the complainant moved to dismiss her action on the basis that subsequent to the temporary court order of December 26, 1972, she had advised her attorney that she and the defendant had on numerous occasions since a temporary hearing was held in April, 1972, engaged in marital relations and had not lived in a…