Borda v. Borda

The- above entitled cause is a petition for divorce in which the respondent availing herself of the statutory provision in that regard has filed a motion in the nature of a cross petition in which she asks for the affirmative relief of an absolute divorce from the petitioner.

The petitioner has not prosecuted his petition but after the filing of respondent’s said motion has sought to discontinue. This the petitioner was not permitted to do, and thereby impair the respondent’s right to have a hearing and determination upon her motion in the nature of a cross petition. Borda v. Borda, 43 R. I.…