Whiteley v. Whiteley

CHEHARDY, Chief Judge.

This is a suit for separation from bed and board. Susan Jean Whiteley filed suit first, alleging abandonment, and Robert Claude Whiteley reconvened for separation on the ground of cruel treatment. After trial on the merits, the trial judge concluded that neither party was blameless but found no fault on either part sufficient to justify a mutual fault decree. He then awarded a separation on the ground of irreconcilable differences, under LSA-C.C. art. 138(10).

Mr. Whiteley has appealed because the failure of the trial judge to find Mrs. Whiteley at fault leaves appellant…