Farrar v. Farrar

HENRY, Justice.

This divorce action raises two questions: (1) the sufficiency of the evidence to support the decree and (2) whether proof of adultery may form the basis of a divorce grounded on a charge of cruel and inhuman treatment. The trial judge dismissed the husband’s complaint and awarded the petitioner (wife) a divorce, under her counterclaim, on the grounds of cruel and inhuman treatment. The Court of Appeals reversed, holding that the award of divorce was not justified by the pleadings and the proof. We granted certiorari to examine the correctness of this holding.

I

Dr. James T.…