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• Title: Slavinsky v. Slavinsky
• Author : Supreme Judicial Court of Massachusetts
• Release Date : January 05, 1934
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

RUGG, Chief Justice. This libel comes before us on appeal by the libellee from a decree granting the divorce and giving the care and custody of the minor child of the parties to the libellee. There is a report of material facts found by the probate Judge. G. L. (Ter. Ed.) c. 215, §§ 9, 11, 12. Drew v. Drew, 250 Mass. 41, 144 N.E. 763. The evidence is not reported. This libel was brought on November 9, 1933, by the husband against his wife on the ground that she deserted him on or about October 31, 1930. Prior to the filing of the libel, the wife brought separate support proceedings against the husband. The allegations of that petition were that the husband failed without just cause to support her, and had deserted her, and that she was living apart from him for justifiable cause, with the following specifications: 'Cruel and abusive treatment. Neglect to furnish a home for your petitioner and minor child.' On October 9, 1930, decree was entered adjudging that she was actually living apart from him for justifiable cause. The grounds for that decree were not set out in further detail in the record in that case. Certain payments for her support were ordered to be made by him. Those payments have been made. The probate Judge filed a report of material facts pursuant to request of the libellee under G. L. (Ter. Ed.) c. 215, § 11. After reciting the facts already narrated, he stated that upon the trial of the present libel (which was uncontested by the libellee although an appearance and answer were filed in her behalf), the libellant testified that on or about October 31, 1930, accompanied by his sister he met his wife by appointment; 'that in the presence of his sister, the libellant talked with his wife and requested her to return and live with him again and promised to provide a home for her and their child; the libellant stated that he was willing and able to provide this home for them; the libellee stated to him that she would not live with him again, because she had some one else who was better than he. The libellant's sister testified corroborating the testimony of the libellant. It also appeared at the hearing that the court inquired about the support and custody of the minor child, and counsel for the libellant informed the court that the wife had the custody of the minor child and that the libellant would waive his right thereto, but would continue to make the payments for its support. I found that the offer made on October 31st, 1930, by the libellant to provide a home and to return and live with his wife was made in good faith. I found that the libellant was willing and able to properly care for his wife and child. I entered a decree nisi.' These are all the facts reported.

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