Scheinin v. Scheinin

Markell, J.,

delivered the following dissenting opinion.

I dissent from the decision and the opinion because (1) the evidence does not show that either party is entitled to a divorce and (2) the opinion is a departure from the decisions of this court by an extension of the scope of both (a) cruelty (apparently not a basis of the decision and therefore not a necessary or relevant subject of discussion) and (b) constructive desertion, as grounds for divorce.

If we assume that the circumstances attending the move by the husband and his secretary to the triangular husband-secretary-wife home, two…