Church v. Church

We are satisfied from the evidence adduced in this case that the respondent has been guilty of adultery as charged in the petition. We are also satisfied that the petitioner has, as is alleged in the recriminatory answer filed by the respondent, been guilty of extreme cruelty to tbe respondent, by profane and insulting language habitually used towards her, and by abusive physical violence upon her. In these circumstances should the petition be granted ?

The English rule, prior to the passage of Stat. 20 & 21 Vict, cap. 85, § 31, doubtless was, that cruelty could not be pleaded in bar to a…