Privette v. Privette

MORRIS, Judge.

Defendant, contending that the trial court erred in denying his motion to dismiss, maintains that plaintiff condoned the acts of defendant. We disagree.

The plaintiff testified that she no longer shared “the same marital bed” with defendant as of June 1974 and in view of this testimony “[t]here is no condonation from the fact that the parties continue to live under the same roof if it affirmatively appears that they do not have sexual intercourse.” 1 Lee, N. C. Family Law, § 87, pp. 332-333 (1963). Also see: 27A C.J.S., Divorce, § 61, p. 207; 32 A.L.R. 2d, Condonation of Cruel…