De Bruin v. De Bruin

BAZELON, Circuit Judge.

Mrs. deBruin, appellee here, through a committee appointed in her behalf in Virginia, brought suit against her husband, appellant here, for separate maintenance. He responded with a counterclaim which prayed for an absolute divorce on the grounds of desertion for two years or voluntary separation for five years. Judgment in the District Court went against Mr. de-Bruin and in favor of his wife. The court, sitting without a jury, concluded that she had lacked the mental capacity to form the intent which is a necessary prerequisite to either desertion or voluntary…