Opinion
No. 50/622.
05-18-1922
SCHMIDT v. SCHMIDT.
John P. Manning, of Newark, for exceptant.
Suit for divorce by Adolphe Schmidt against Mary Schmidt. On exception to master's adverse report. Exception overruled, and divorce denied.
John P. Manning, of Newark, for exceptant.
BACKES, V. C. In this divorce suit for desertion the master reported adversely, and I think correctly. The parties lived together 28 years and have grown-up children. On September 11, 1919, the couple had a quarrel over the conduct of one of their daughters, and in anger the wife told the husband to "get out," and he left and never returned. Obedience to his wife's outburst in a fit of temper, was not compulsory, nor was his 2 years' absence from home inevitable. Her direction, in whatever language it may have been couched, in the circumstances, was neither justification nor excuse for quitting. He either tamely submitted, or the going was to his liking, and he availed himself of the chance remark. It does not appear but that he could have at any time returned and resumed his position in the household, and by effort and tact possibly restored connubial relations with his wife. Did he make reasonable effort towards reconciliation? He says he wrote a number of letters to her, asking that he be taken back, only one of which was answered, and that one he does not produce, and after a lapse of time sent two women acquaintances to solicit her to do so, and that she refused. Letter writing was not the way. Personal communication—heart to heart talk—might have brought favorable results. The use of women missioners was tactless, and an affront which any spirited wife would resent, as this one undoubtedly did. The separation was largely of the petitioner's own making due to his indefensible attitude of meek submission and complacent acquiescence in his wife's will. His right and duty was to stay at home. Leaving spontaneously and in ill temper, it was his privilege and obligation to return. His departure, and absence, under the circumstances, cannot be construed into willful, continued, and obstinate desertion upon the part of the wife.
The exception will be overruled, and divorce denied.