Opinion
No. 3274.
Decided January 6, 1942.
Extreme cruelty may consist in a drunken husband's forced sexual relations, causing great pain and bringing the wife to the verge of a nervous breakdown.
PETITION, for legal separation, On the ground of extreme cruelty. To a decree granting the petition the defendant excepted on the ground of insufficient evidence. A bill of exceptions was allowed by Connor, J.
Karl E. Dowd, by brief, for the plaintiff.
Robert J. Doyle (by brief and orally), for the defendant.
The evidence that the plaintiff was struck on the head by shoes thrown at her by the defendant and that the defendant over a period of time forced sexual relations upon her when he was intoxicated with the result of causing her great pain, and bringing her to the verge of a nervous breakdown, tended to prove extreme cruelty. Poor v. Poor, 8 N.H. 307; Jones v. Jones, 62 N.H. 463; Hart v. Hart, 68 N.H. 478.
Exception overruled.