Thomas v. Thomas

This is a husband’s petition for divorce. It charges the wife with several of the statutory causes for divorce including that of adultery. At the hearing on the merits in the superior court the evidence established the latter cause beyond dispute. However, the trial justice denied and dismissed the petition on the ground that petitioner was guilty of gross misbehavior. The case is here on his exception to such decision.

The petitioner contends that the evidence does not prove gross misbehavior as that cause for divorce in our statute has been construed and applied by this court. Hence, he…