Montgomery v. Montgomery

• Appellant and appellee are husband and wife. They were married July 5, 1940, in Roanoke, Virginia. After the marriage the parties moved into a new home in Roanoke purchased by appellant. On September 27, 1942, appellee left her husband’s abode and has not lived with him since. On October 24, 1942, appellee instituted this suit charging her husband with cruelty and constructive desertion and praying for separate maintenance. Appellant filed an answer denying the charges, alleging that his wife, without just cause, had deserted him, and praying that the suit be dismissed. Neither party sought…