Jumper v. Jumper

Dissenting Opinion by

Spaeth, J.:

The conduct of appellee in this case would have clearly entitled appellant to a divorce on the ground of indignities if the defense of mental illness had not been raised. The majority finds, however, that appellee’s *105conduct was a “product of mental illness and disorder” (Majority opinion at p. 104), and therefore affirms the lower court’s order dismissing appellant’s complaint in divorce. I cannot agree with this disposition.

First, the testimony of appellee’s expert witness, a psychiatrist, though admissible, was most unsatisfactory. Although the psychiatrist…