CHANCERY. 17'7
Divorce.
An. Code, 1924, sec. 37. 1912. sec. 36. 1904, sec. 35. 1888, sec. 35.
1841, ch. 262, sec. 1. 1845. ch. 330, sec. 1. 1929, ch. 559.
1931, ch. 451.
37. The courts of equity of thig State shall have jurisdiction of all
applications for divorce; and any person desiring a divorce shall file his or
her bill in the court, either where the party plaintiff or defendant resides;
or if the party against whom the bill is filed be a non-resident, then such
bill may be filed in the court where the plaintiff resides; and upon such bill
the same process by summons, notice or otherwise shall be had to procure
the answer and appearance of a defendant, as is had in other cases in
chancery; and in all cases, where, from the default of the defendant, a bill
for divorce may be taken pro confesso, the court shall order testimony to be
taken and shall decide the case upon the testimony so taken.
Persons residing on Federal reservations in Maryland not residents of State
entitling them to file bill for divorce nnder this section and sec. 40. Lowe v.
Lowe. 150 Md. 593. (See sec. 37A, enacted since this decision.)
This section referred to in construing secs. 14 and 15. See notes thereto.
Woodcock v. Woodcock, Daily Record, June 30, 1935.
The fact that a divorce a mensa and permanent alimony had been previously
awarded in another circuit for abandonment did not affect jurisdiction to grant
absolute divorce for adultery. Williams v. Williams, 156 Md. 10.
Bill is sufficient if it alleges that defendant on divers days and times com-
mitted adultery with a person named in a certain county; not necessary to dis-
close with exactness the time and place. Darner v. Darner, 157 Md. 98.
See notes to art. 35, sec. 4.
1927, chs. 225 and 494.
37A. All persons residing on property lying within the physical boun-
daries of any county of this State or within the boundaries of the City of
Baltimore but on property over which jurisdiction is exercised by the Gov-
ernment of the United States by virtue of the 17th Clause, 8th Section of
the First Article of the Constitution of the United States, and Sections 31
and 32 of Article 96 of the Annotated Code of Public Laws of Maryland
(legalized by Chapter 219 of the Acts of the General Assembly of 1924),
shall be considered as residents of the State of Maryland and of the County
or of the City of Baltimore, as the case may be, in which the land is situate
for the purpose of jurisdiction in the Courts of Equity of this State in all
applications for divorce.
38.
Abandonment is interrupted by agreement of separation, but intent as to
future separation is rebuttable by parol evidence. Validity of separation agree-
ment. Other ground of divorce. Melson v. Melson, 151 Md. 262.
To justify divorce a vinculo on ground of abandonment, marital relations must
be ended and abandonment uninterrupted for three years and deliberate, .and
final and beyond reasonable expectation of reconciliation. Miller v. Miller 153
Md. 217.
Failure of proof of wife's misconduct, without husband's knowledge, before
marriage—see notes to art. 25. sec. 4. Wiegand v. Wiegand, 155 Md. 645.
Testimony shows abandonment deliberate and final and separation beyond
reasonable expectation of reconciliation. Wald v. Wald, 161 Md. 493.
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