Kubes v. Douglas

The plaintiff-wife filed this suit for separation from bed and board on the grounds of cruel treatment and habitual intemperance. The husband answered in the form of a general denial and reconvened for a separation on the grounds of cruel treatment and abandonment. The trial judge found mutual fault and dismissed both the main and reconventional demands. Plaintiff has appealed contending the trial court erred in failing to apply the doctrine of comparative rectitude.

Imprimis, we note that Act 495 of 1976, which provides that a separation from bed and board shall be granted even though both…