Baker v. Baker

OPINION

By the Court,

Pike, J.:

The wife appeals from a judgment of divorce in favor of the husband. The husband, respondent herein, filed his complaint for divorce alleging as a cause for divorce that the parties had lived separate and apart, without cohabitation, for more than three consecutive years. The wife filed her answer and also, by counterclaim, sought a judgment of separate maintenance.

In its decree (filed May 28, 1959) the trial court, besides granting to the husband an absolute divorce on the ground indicated, awarded to the wife custody of the three minor children of the marriage,…