Daves v. Daves

NEARN, Judge.

This appeal from a decree of divorce turns primarily upon a principle of law.

Prior to this case, on March 5, 1974, the wife filed suit for divorce on the grounds of cruel and inhuman treatment. That complaint alleged that the parties separated on January 19, 1974. The husband filed an answer which denied the wife’s entitlement to a divorce, but admitted that the parties separated on January 19, 1974, when the wife asked him to leave their home. No affirmative relief was sought by the husband. After a full contested hearing on the merits the wife’s complaint was dismissed with…