Volume 200, Volume 3, Page 55 View pdf image (33K) |
BOWIC VS. BOWIC. 55 quent use of intoxicating drink, that does not in any way diminish the title of the wife to the aid of this Court. But it appears that, after the separation in 1847, the parties lived together, and I do not find in the proof that, between their reunion and the second separation in 1849, the defen- dant's behavior towards his wife was such as to bring it within the terms of the Act of Assembly, as those terms have been construed by the Courts, that is, that he has been guilty of acts of personal violence towards her, or exposed her to danger of life, limb, or health. There can be no doubt, and for reasons which are obvious, that the forgiveness of the wife of injuries inflicted upon her by her husband is not pressed with the same rigor against her as would the forgiveness of the husband of the misconduct of the wife be pressed against him. The difference between con- donation on the part of the husband and the wife, and the reasons for the difference, are stated in Shelford on Marriage and Divorce, 454, et seq.; and the authorities cited show that a much less stringent rule is applied to the wife than to the husband. But still, after the parties have become reconciled, the Courts are averse to reviving or listening to old grounds of complaint, which it were better should be forgotten, as well as forgiven. In this view of the case, I am not much inclined to give weight to the evidence which speaks of the conduct of the husband prior to the first separation in 1847, and certainly it seems to me there is no ground to pronounce a sentence of separation between these parties for anything which has oc- curred since then. There is, moreover, a circumstance in this case worth considering, when the question is, with what degree of indulgence should the complainant's reconciliation with her husband after 1847 be regarded. Condonation, say the books, with respect to a woman, is held not to bear so strictly, "because it is not improper she should for a time show a patient forbearance;" "she may find a difficulty in quitting his house or withdrawing from his bed;" "she must submit to necessity;"—reasons which do not apply to the husband. |
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Volume 200, Volume 3, Page 55 View pdf image (33K) |
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