Kirstein v. Kirstein

On May 10, 1965, plaintiff filed her complaint for separate maintenance alleging extreme cruelty on the part of defendant. The defendant responded, denying her allegations, and filed a cross-complaint for divorce, also charging extreme cruelty.

At the trial of this cause, the only witnesses before the court were the parties themselves. The court, finding the conduct of both parties to have been disruptive of the marriage relationship, dismissed defendant’s cross-complaint for divorce and plaintiff’s complaint for separate maintenance.

Plaintiff, on appeal, claims that defendant’s basis for his…