Gill v. Gill

Ness, Justice.

Appellant, Mary Ann Gill, instituted divorce proceedings against respondent, Charles Gill, and sought custody of the couple’s child, alimony, and support. Subsequently, appellant amended her complaint to seek a separation rather than a divorce. Respondent counterclaimed for a divorce on the ground of physical cruelty.

Respondent was granted a divorce on the basis of physical cruelty by the wife. We reverse.

Physical cruelty by a spouse which justifies the granting of a divorce in this State, has generally been defined as “actual personal violence, or such a course of physical…