Machado v. Machado

Oxner, Justice.

This is an appeal by the husband from a decree granting his wife a divorce a vinculo matrimonii on the ground of “constructive” desertion, together with alimony and counsel fees, and awarding her the custody of their two minor children.

The action was commenced by the husband on April 21, 1949. In the original complaint he sought a divorce on the ground of desertion and asked for the custody of the children. Thereafter the complaint was amended by adding adultery, habitual drunkenness and physical cruelty as grounds for the relief sought. The wife denied all of these charges and…