Luther v. Luther

Warren M. Luther appeals from a decree of the Circuit Court for Baltimore County which granted a divorce a vinculo matrimonii to his wife, Lillian F. Luther, on the ground of desertion, with an alimony award of $25.00 a week. The only question presented is whether the actions of the wife, while suffering from mental illness, constituted constructive desertion so as to justify the husband in leaving the family home.

The parties were married in April 1939. Two- children were born, both now emancipated. The wife has been affected by mental disease during the last few years. In March 1959 the…