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GILLEN v. GILLEN (04/13/61)

April 13, 1961

GILLEN
v.
GILLEN, APPELLANT.



Appeal, No. 94, Oct. T., 1961, from decree of Court of Common Pleas of Delaware County, June T., 1959, 61 No. 2745, in case of Peter Gillen v. Sadie Gillen. Decree affirmed.

COUNSEL

Garland D. Cherry, with him Louis A. Bloom, and Bloom, Cherry & Ramsey, for appellant.

Ralph B. D'Iorio, with him Hodge, Hodge & Cramp, for appellee.

Before Rhodes, P.j., Ervin, Wright, Woodside, Watkins, Montgomery, and Flood, JJ.

[ 195 Pa. Super. Page 61]

OPINION BY MONTGOMERY, J.

This is an appeal from the entry of a decree of divorce

This is appeal from the entry of a decree of divorce a.v.m. on the grounds of indignities to the person.

The parties to this action were married November 16, 1933. Two children were born of the marriage. Two years after the marriage, the appellant began to use abusive language toward the plaintiff in private and in public three or four times a week. Such vilification and offensive language continued until the separation. Appellant accused the appellee of having affairs with other women, including his sister-in-law, dating women with whom he was employed, consorting with prostitutes, and sexual perversions. Appellant attacked appellee on numerous occasions about the face, inflicting scratches and lacerations, cut him with a knife, hit him with a hacksaw causing unconsciousness, and threatened him with emasculation.

Appellant frequently would repair to appellee's place of employment and would revile him with abusive and gutter bred language when he would emerge with his friends and co-workers. When appellee bought a new home for his family, appellant constantly

[ 195 Pa. Super. Page 62]

    abused him for doing so and attempted to destroy any improvements which he made to the property. One evening in November of 1950 when appellee arrived home from work, the doors were locked and the appellant had thrown his clothes out of the house. Appellee was admitted to the house by his children but an argument ensued and the appellee left his home and slept in a car. Appellee then resided elsewhere. Appellee made many efforts to return to the appellant and was always refused. The children, then fifteen and thirteen years of age respectively, remained at home with the appellant.

Nine years after this separation, the appellee commenced this action, alleging indignities. The matter was referred to a master, who filed a report recommending that a divorce be granted. Appellant filed exceptions to the master's report which were dismissed and a decree of divorce was entered by the lower court.

The grounds of indignities to the person only exist where there is a course of conduct on the part of one spouse which renders the condition of the other spouse intolerable and his or her life burdensome, and there must be evidence from which an inference of settled hate and estrangement may be deduced. Patton v. Patton, 183 Pa. ...


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