Dukenfield v. Dukenfield

*218Dissenting Opinion by

Wright, J.:

The divorce law1 provides that “it shall be lawful for the innocent and injured spouse to obtain a divorce from the bond of matrimony, whenever . . . the other spouse ... (d) Shall have committed wilful and malicious desertion, and absence from the habitation, of the injured and innocent spouse, without a reasonable cause, for and during the term and space of two years (italics supplied)”. In the present case the habitation was owned by the wife. It was the husband Avho absented himself. I cannot subscribe to the proposition that this is desertion by the wife.

Th…