Hawkins v. Hawkins

EDGERTON, Circuit Judge.

In 1948 the appellant sued her husband, the appellee, for absolute divorce. Her complaint alleged that in 1928 the parties “ceased their marital relations, removed to separate and independent parts of the home owned jointly by them, and since that date their separation has been continuous and without cohabitation.” A statute allows absolute divorce for “voluntary separation from bed and board for five consecutive years without cohabitation”. D.C.Code (1940) § 16-403, 49 Stat. 539.

There was undisputed testimony to these facts. Ever since 1928 the parties had no marital…