Jacobsen v. Jacobsen

Upon trial of the wife’s action for separation the husband moves to dismiss the complaint after resting and offering no proof to contradict his wife’s testimony that despite advances made by her, the parties did not have sexual intercourse for a year and a half and that since August, 1953, they have slept in separate rooms in the same apartment.

Thus, this case presents a clear cut question, not yet squarely settled in this State, whether prolonged failure to cohabit following request is grounds for separation upon the theory of abandonment, cruelty or both.

The husband contends that the male…