to commit the act.
[Sidenote: Desertion.]
A reasonable cause for desertion must be some wrongful conduct on the
part of the other party, and must be of such a serious nature that it
would _prima facie_ entitle the party deserting to a divorce. If husband
and wife mutually agree to separate, such separation will not constitute
ground for divorce, unless the party applying for the divorce, in good
faith expresses a desire to live with the other. Where the wife is
compelled to leave her husband on account of inhuman treatment, such as
would entitle her to a divorce, such desertion cannot be made the basis
of proceedings for divorce by the husband, for in such case he and not
she is guilty of desertion, and this may be alleged by the wife, with
other causes, in seeking a divorce. A wife may be justified in leaving
her husband because of his failure to protect her from insult and abuse,
and when she leaves him for this cause, her desertion will not be
grounds for divorce.
[Sidenote: Felony.]
A conviction for felony which may be subject to reversal does not
constitute ground for divorce, but such conviction must be final and
absolute.
[Sidenote: Drunkenness.]
If a woman marries a man knowing him to be intemperate, though she does
so in the hope of reforming him, the courts will not interfere after
marriage to grant her relief from the result of her misplaced
confidence, but where the habit has been acquired subsequent to the
marriage and has become fixed and the husband is habitually drunk,
though not in such condition during business hours, it is such habitual
drunkenness as will entitle the wife to a divorce.
[Sidenote: Cruel treatment.]
Cruel and inhuman treatment, to constitute ground for divorce must be of
such a nature as to endanger life, but need not necessarily consist of
physical violence. Even where no single act or number of acts can be
shown which might cause reasonable apprehension of harm to life, if the
ill treatment as an entirety is of a nature to affect the mind and
undermine health to such a degree that the life will be ultimately
endangered, it will entitle the injured party to a divorce. Ungovernable
outbursts of rage, the use of profane and obscene language, applying
insulting epithets to the wife in the presence of others, acts of
cruelty and neglect in sickness, coupled with failure to provide
suitable food and clothing, have all been held to be such cruelty,
which, if long continu
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