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DANZE v. DANZE (01/21/58)

January 21, 1958

DANZE
v.
DANZE, APPELLANT.



Appeal, No. 187, Oct. T., 1957, from decree of Court of Common Pleas No. 3 of Philadelphia County, June T., 1955, No. 8234, in case of Vincenzo Danze v. Agata Danze. Decree affirmed.

COUNSEL

Charles P. Mirarchi, Sr., with him Mirarchi and Mirarchi, for appellant.

Martin G. Stein, for appellee.

Before Rhodes, P.j., Hirt, Gunther, Wright, Woodside, Ervin, and Watkins, JJ.

Author: Watkins

[ 185 Pa. Super. Page 112]

OPINION BY WATKINS, J.

This is an appeal from a decree of the Court of Common Pleas of Philadelphia County, granting Vincent Danzi, the husband appellee, an absolute divorce from Agatha Danzi, the wife appellant, on the grounds of indignities to the person and desertion.

The parties were married in Messina, Italy, on July 29, 1951. The husband is 33 years of age, the wife 50. They were both born in Italy. The appellant came to this country in 1924. She became a citizen of the United States and resided in Philadelphia. She returned to Italy for the express purpose of marrying the appellee. After the marriage in November, 1951 the appellant returned alone to the United States. There she made all the arrangements for her husband's entry to this country, and he arrived here in December, 1952. They took up residence at 2117 South Eleventh Street, Philadelphia, Pa., where they lived until April, 1953 when the appellee left the common home.

The husband in his testimony disclosed a course of conduct by the appellant, beginning from the day of the marriage, which undoubtedly established the ground of indignities to the person. Specific times and places were enumerated where appellant referred to

[ 185 Pa. Super. Page 113]

    the appellee in an abusive and derogatory manner; attacked him with verbal opprobrium and physical abuse; embarrassed him before relatives and friends; threatened him with grievous bodily harm; refused marital relations; refused to cook for him or do his laundry; used vulgar and violent epithets regarding members of his family and put him out of their apartment after a violent argument. Appellant attempted to have the appellee deported and referred to him as a communist. She did not visit him while he was in the hospital undergoing surgery, which seems to corroborate the appellee in his description of her disdain for him. This course of conduct caused the appellee to become very nervous, lose weight and require medical attention.

The appellee has established a course of conduct by the appellant which rendered his life burdensome and his condition intolerable and facts from which an inference of settled hatred and estrangement on the part of the appellant can be deduced and clearly entitles the appellee to an absolute divorce on the ground of indignities. Romano v. Romano, 183 Pa. Superior Ct. 462, 133 A.2d 273 (1957); Politylo v. Politylo, 173 Pa. Superior Ct. 223, 95 A.2d 241 (1953); Boyer v. Boyer, 183 Pa. Superior Ct. 260, 130 A.2d 265 (1957).

The husband, after having been separated from the appellant several times during their short cohabitation, was driven from their apartment at knife point in April of 1953 and he never lived with her as man and wife since that date. The circumstances of his leaving clearly establish that the appellant intended the exclusion of the appellee from the common home to be final, and that she willfully and maliciously accomplished that result. "Desertion does not consist exclusively in a wilful and ...


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