CHANCERY 557

The term "cruelty of treatment," must be understood in a technical sense. The
causes must be grave and weighty, and such as show an absolute impossibility that
the duties of the married life can be discharged. Childs v. Childs, 49 Md. 514. And
see Hawkins v. Hawkins, 65 Md. 108.

Cruelty of treatment justifying a divorce under this section, held to have been
proven. Sharp v. Sharp, 105 Md. 581; Freeny v. Freeny, 80 Md. 406; Hawkins v.
Hawkins, 65 Md. 108; Lynch v. Lynch, 33 Md. 331; Levering v. Levering, 16 Md.
219; Tayman v. Tayman. 2 Md. Ch. 399; Ricketts v. Ricketts, 4 Gill, 108. Cf. Good-
hues v. Goodhues, 90 Md. 292; Shutt v. Shutt. 71 Md. 193; Hoshall v. Hoshall, 51 Md.
74; Coles v. Coles, 2 Md. Ch. 351; Daiger v. Daiger, 2 Md. Ch. 339. And see Bowie v.
Bowie, 3 Md. Ch. 54.

Allegations if proved held to amount to "gross misconduct" under this section.
See notes to sec. 14. Outlaw v. Outlaw, 118 Md. 503.

Cursing and use of vile epithets does not constitute excessively vicious conduct or
cruelty. McKane v. McKane, 152 Md. 515.

Meaning of "cruelty" under this section; technical word. Adultery. Alimony.
Wendel v. Wendel, 154 Md. 21. And see Proudfoot v. Proudfoot, 154 Md. 586.

Evidence of cruelty sufficient to justify divorce a mensa. Schwab v. Schwab, 144
Md. 49.

Property rights.

Where a wife during coverture voluntarily and without fraud or undue influence,
conveys her property to her husband or permits him to appropriate it with her con-
sent and without any promise to restore it, a divorce does not vest her with an equitable
title to such property. A decree of divorce has no retroactive effect and does not restore
the parties to their former condition. Effect of a divorce upon property held as tenants
by the entireties. Reed v. Reed, 109 Md. 692; Tyson v. Tyson, 54 Md. 37.

A divorce a mensa does not dissolve the marital relation, and does not deprive the
widow of her dower or interest in her husband's personal property. Hokamp v. Hagaman,
36 Md. 517.

The power of the court to award the wife "such property as she had when married,"

does not depend upon the cause of the divorce, or the conduct of the husband, but upon

the circumstances of the husband at the time of the divorce. The law is not intended

as a punishment of the husband, but to protect the wife for the future. Tyson v.

Tyson, 54 Md. 37.

After a divorce a mensa, where a wife has been awarded the property which she had
when married, the husband need not join in an answer to a suit concerning the wife's
separate property. Krone v. Linville, 31 Md. 145.

For case applying the portion of this section relative to wife's being awarded "such
property as she had when married," see Tayman v. Tayman, 2 Md. Ch. 400.

Abandonment.

In order to constitute desertion, separation and intention to abandon must concur,
but they need not be identical in their commencement. Abandonment made out.
Muller v. Muller, 125 Md. 76. Cf. Polley v. Polley, 128 Md. 62; Hubbard v. Hubbard,
127 Md. 620.

An allegation of abandonment held to be supported by the evidence and to justify
a divorce under this section. To justify a husband and wife in living apart, the reasons
must be grave and weighty. What amounts to desertion. Buckner v. Buckner, 118
Md. 113.

Where a wife leaves her husband after he has abused her, accused her of improper
conduct and ordered her to leave, she may secure a divorce under this section. Pattison
v. Pattison, 132 Md. 368.

What constitutes abandonment under this section; abandonment not made out.
Young v. Young, 136 Md. 85.

Separation and intention to abandon must concur, but need not begin at same
time, and divorce may be granted on ground of abandonment without regard to dura-
tion. Refusal of wife of marital rights. Klein v. Klein, 146 Md. 29. And as to refusal
of marital rights, see Miller v. Miller, 153 Md. 213; McKane v. McKane, 152 Md. 515.

No abandonment such as law recognizes as ground for divorce; resumption of
marital relations. Amount and duration of alimony; counsel fee. Daiger v. Daiger, 154
Md. 503.

Though abandonment has not continued for three years, partial divorce may be
decreed where divorce a vinculo is prayed. Wife's continued absence caused by offensive
letters and unwillingness for reunion. Refusal to renew marital relations. Downs v.
Downs, 154 Md. 434.

Divorce a mensa may be granted for abandonment and desertion without regard to
its duration; elements necessary to constitute abandonment are cohabitation ended
and intention to desert. Alimony; counsel fees. Miller v. Miller, 153 Md. 217...

Decree awarding permanent alimony does not preclude wife from securing divorce
a mensa by subsequent suit where separation of parties has continued. Injunction
against disposing of property. Mann v. Mann, .144 .Md. 523...