Popescu v. Popescu

Defendant appeals from a judgment awarding his wife a divorce on the ground of cruelty. His main contention on this appeal is that, if it be assumed that the evidence supports the findings that he was guilty of acts of cruelty, the evidence, as a matter of law, also establishes that plaintiff was guilty of acts of cruelty towards him, so that, under the doctrine of recrimination, pleaded as a defense by him, plaintiff should have been denied a divorce.

By its decree the court awarded plaintiff custody of the two daughters of the parties, aged fourteen and ten years, directed defendant to pay…