Daly v. Daly

Opinion by

Keller, P. J.,

The respondent wife has appealed from a decree of absolute divorce granted her husband on the grounds of (1) cruel and barbarous treatment, and (2) indignities to the person.

The Divorce Code of 1929 (Act of May 2, 1929, P. L. 1237, 23 PS sec. 10) lays special emphasis on the fact that in order to secure a divorce on either of those grounds, the libellant must be “the injured and innocent spouse.” It provides, “When a marriage has been ......contracted and celebrated between two persons, it shall be lawful for the innocent and injured spouse to obtain a divorce from the…