Ogram v. Ogram

Opinion by

Fine, J.,

Appellee filed his libel in divorce charging his wife, in the language of the statute, with wilful and malicious desertion beginning April 12, 1943. Appellant’s exceptions to the master’s report, recommending a divorce on the grounds alleged, were dismissed by the court below, a final decree in divorce was entered and the wife has now appealed.

The pivotal question is whether the appellant has shown the separation was consented to by libellant. The defense of cohsentable separation to the charge of desertion is an affirmative one and the burden is on the respondent to…