Nalepa v. Nalepa

Plaintiff appeals from a decree of divorce granted to her husband on his counterclaim in her suit for separate maintenance.

Plaintiff’s complaint sought separate maintenance on the ground of desertion. Defendant’s counterclaim prayed for annulment on the ground of fraud, or divorce on the ground of cruelty. The counterclaim was amended by adding what he claims were sufficient allegations of constructive desertion, and it was on that ground that the decree was awarded to defendant.

As to the property rights of the parties, the decree barred alimony and provided that, in lieu thereof, defendant…