Coles v. Coles

QUINN, Associate Judge:

This is an appeal by a wife from dismissal of her complaint for an absolute divorce on the ground of two years’ desertion. Code 1961, § 16^103. The memorandum opinion of the trial judge stated:

“The sole question before the Court is: By execution of the Agreement signed by both parties on May 16, 1961, was the action of plaintiff for desertion barred on the ground that a voluntary separation had been entered into by the parties and the only claim for divorce available to the parties was one of voluntary separation for five years without cohabitation? According to the…