Souza v. Souza

After being married for twenty-five years, the wife brought this libel for divorce on the ground of cruel and abusive treatment. G. L. (Ter. Ed.) c. 208, § 1. On October 11, 1952, the husband learned that the wife owed more than $100 for furniture. When she denied owing anything, the husband “was so provoked that he lost his head and slapped her” on the back. The judge found that the slap was not severe, left no mark, and did not put the wife in fear. He denied the wife a divorce, and she appealed.

The only question is whether the judge was required as matter of law to consider such a slap as…