Lutz v. Lutz

CAYTON, Acting Judge.

The husband appeals from a judgment awarding his wife separate maintenance.

The first claim of error is that it was improper to sustain the wife’s claim for maintenance, because the parties were not living apart. But although they were occupying the same apartment, the testimony of the wife, and the husband as well, was that they 'had long occupied separate bedrooms, and it ■was clear from the evidence as a whole that because of tension and friction between them they had in fact established and maintained separate lives.

We would agree that generally such situations invite…