Deluca v. Deluca

This divorce case is before us solely on respondent's motion to dismiss petitioner's appeal from the final decree of the superior court granting an absolute divorce to the respondent.

The facts are undisputed. On May 15, 1944 the petitioner filed a petition for divorce from the respondent on the grounds of extreme cruelty and of wilful desertion. Thereafter the respondent filed a cross-petition for divorce on the ground of neglect to provide. On December 18, 1944 the case was heard on the merits by a justice of the superior court, who then rendered a decision granting the cross-petition and…