452 ARTICLE 16.

Generally.

This section referred to in holding a bill for a divorce a mensa sufficient; this
section relates exclusively to divorces a mensa; the jurisdiction to grant such a
divorce is. purely statutory and the causes specified in the statute are exclusive.
Etheridge v. Etheridge, 120 Md. 12.

If both the husband and wife have been guilty of offenses justifying a divorce,
neither will be granted a divorce. Evidence showing cruelty. Martin v. Martin,
141 Md. 183.

A divorce a mensa may be granted for abandonment, without regard to its dura-
tion. Harding v. Harding, 22 Md. 345.

The term "abandonment and desertion," must be understood in a technical
sense; desertion not made out. Childs v. Childs, 49 Md. 514.

A decree under this section is unnecessary and perhaps improper, where there is
a deed of separation by which the parties have placed themselves in the same
position in which the court would place them by a divorce a mensa. Brown v.
Brown, 5 Gill, 255; Brown v. Brown, 2 Md. Ch. 319.

In an application for a divorce a vinculo, where the appellant does not at the
hearing or in his brief, ask for a divorce a mensa, it will not be determined
whether he is entitled to the latter. Wheeler v. Wheeler, 101 Md. 436.

For a ease involving the extra-territorial validity of a decree prohibiting the
guilty party from remarrying, and involving the status of the children of such party
by a subsequent marriage, see Dimpfel v. Wilson, 107 Md. 329.

For a case involving the construction of this section in connection with the
statute of 12 Charles II., ch. 24, and passing on the question of the effect of a
divorce upon the right of a father to appoint a testamentary guardian, see Hill v.
Hill, 49 Md. 455.

For a case involving the application of the removal under the act of 1824, ch.
196, and the writ of ne exeat, to cases arising under this section, see Bayly v. Bayly,
2 Md. Ch. 329.

The portion of this section authorizing the court to revoke a divorce a mensa,
referred to. Sharp v. Sharp, 105 Md. 585.

See notes to secs. 14, 37 and 38.

An. Code, sec. 39. 1904, sec. 38. 1888, sec. 38. 1841, ch. 262, sec. 5. 1843, ch. 287.

1886, ch. 10.

40. No person shall be entitled to make application for a divorce, where
the causes for divorce occurred out of this State, unless the party plaintiff
or defendant shall have resided within this State for two years next pre-
ceding such application.

A court of equity has jurisdiction under this section and sec. 37, where adultery
is committed in this state, both husband and wife being at the time non-residents
of Maryland, but the wife becoming a resident of this state a few months prior
to the filing of the bill. A wife may establish a domicile separate from her hus-
band. Adams v. Adams, 101 Md. 507.

Cited but not construed in Brown v. Brown, 2 Md. Ch. 319.

See notes to sec. 37.

An. Code, sec. 40. 1904, sec. 39. 1888, sec. 39. 1842, ch. 198, sec. 1. 1906, ch. 765.

41. When a bill prays for a divorce a vinculo matrimonii the fact
that the parties have been divorced a mensa et thoro shall not be taken
to interfere with the jurisdiction of the court over the subject, and a party
who has obtained a divorce a mensa et thoro on the ground of abandonment,
which at the time of obtaining said divorce was not of the character and
duration specified in section 38 of this article, shall not be estopped thereby
. from subsequently obtaining a divorce a vinculo matrimonii on the ground
of abandonment proved to be of the character and duration specified in said
section 38.