Dottellis v. Dottellis

HOOD, Chief Judge.

Appellant wife brought this action for divorce under Code 1961, 16-403, which specifies as one ground for divorce “voluntary separation from bed and board for five consecutive years without cohabitation.” According to her complaint appellant and her husband separated in June of 1955 and continuously lived separate and apart until the bringing of this action in January of 1962; but she admitted that from the time of separation until September of 1961 she and her husband had sexual relations approximately once a month. On the basis of this admission the trial court dismissed…