No. 260 OCTOBER TERM 1978, Appeal from Order of Court of Common Pleas of Philadelphia County, Family Court Division at No. 5750 May Term 1975
Allen M. Metzger, Philadelphia, for appellant.
Walter Walkenhorst, III, Philadelphia, for appellee.
Van der Voort, Watkins and Montgomery, JJ.
[ 265 Pa. Super. Page 509]
This is a complaint by a husband asking for a divorce from his wife. The master took testimony and recommended a divorce on the ground of indignities. Judge Rosenberg sustained defendant's exceptions to the Master's Report and dismissed the complaint. Plaintiff petitioned for "Reconsideration and/or Resubmission to Master" to take additional testimony and this was denied.
Plaintiff has taken the present appeal.
We have reviewed the testimony (as is our duty), the Master's Report, and Judge Rosenberg's opinion, and reverse and remand with instructions to grant the divorce a. v. m.
Like many contested divorce cases, this is a difficult case to evaluate, but we are persuaded that the plaintiff has carried his burden, in all the circumstances, of proving indignities to his person rendering his condition intolerable and his life burdensome.
The parties were married on July 20, 1959. They separated thirteen months later, and neither has made any serious effort in the ensuing 16 or 17 years to restore marital relations. There are no children of this marriage.
The husband was 34 when he married; this was his first marriage.
The wife was 38 when they married; for her this was a second marriage. She obtained a divorce from Henry W. White on September 16, 1957.
Plaintiff and defendant lived immediately after their marriage in defendant's home with her two ...