Page:United States Statutes at Large Volume 47 Part 1.djvu/1157

 72d. CONGRESS. SESS. II. CH. 128. FEB RUA RY 27, 1933 . 1133 SEC. 64. IN CASE OF STRATAGEM OR FRAUD, WHO COMMITS DESERTION .- Offending party. ewe W hen one par ty is i nduc ed, by the stratagem or fra ud of the o ther ate. party, to leave the family dwelling-place, or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud, and not by the other. SEC. 65. IN CASE OF CRUELTY, WHERE ONE PARTY LEAVES OTHER, WHO In case of cruelty. COMM ITS DESERTION .-Departure or absence of one party fr om the family dwellin g-place, caused by e xtre me c ruel ty or by th reat s of bodily ha rm from wh ich danger would be reasonably apprehended from the other, is not desertion by the absent par ty, but it is dese rtion by the other party. S EC. 66. SEPARATION BY CONSENT Nor DESERTION .-Separation by Separation, not do. cons ent , wi th or wi thou t the u nder stan ding th at one of the parties wi ll apply for a divorce, is not desertion. CROSS REFERENCES Agreemen t for separation, s ee section 114. Post, P. 1139. Consent revocable, see section 68. SEC. 67. ABSENCE BECOMES DESERTION, WHEN .Absence or se ar a- when absence be. tion, proper in itself, becomes desertion whenever the intent to desert comes desertion. is fixed during such abs ence or sep arat ion. SEC. 68. CONSENT TO SEPARATE REVOCABLE.-Consent to a separation Consent to separat e is a revocable act , and if one of the parties afterwards, in go od faith, revocable. seeks a reconciliation and restoration, but the other refuses it, such refu sal is desertion. . S EC. 69. DESERTION, HOW CURED ; EFFE CT OF REFUSING CONDONA- Desertion, how TION .-If one part desert s the other, and before the exp iration of na a ttiioon. ra g condo. the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract, and soli cits condonation, the desertion is cured. If the ot her par ty refuse such offer and condonation, the Refusal shall be deemed and treated as desertion by such party f rom the tim e of ref usal. S EC. 70 .. WIFE MUST ABIDE BY HUSBANDS SELECTION OF HOME, OR IT Selection of home, IS DESERTION ON HER PART .-The h usb and may cho ose any reas ona ble etc' place or mode of living, and if the wife do es not conform thereto, it is desertion. SEC. 71. IF PLACE IS UNFIT, AND WIFE REFUSES TO CONFORM, IT IS If Place unfit .' DESERTION BY HUSBAND.-If the place' or mode of living selected by the hus band is unr easo nabl e,, and gros sly unfi t, and the wife doe s not conform thereto, it is desertion on the part of the husband from the time her reasonable objections are made known to. him. SEC. 72. HABITUAL INTEM PERANCE, WHAT .-Habitual drunkenness Habitual intemper. is th at degree of intemperance fr om the use of intoxicating drinks auee* whic h di squ alif ies the pers on a gr eat port ion of the time from prop- erly attending to business, or which would reasonably inflict a course of eat mental anguish upon the innocent party. Ec. 73. EXTREME CRUELTY, WHAT.-Extreme cru elty is the wro ng- Extreme cruelty. ful infliction of grievous bodil y injury, or grie vous mental suffe ring, upon the other by one party'to the marriage. CAUSES FOR DENYING DIVORCE Denial of divorce. S EC. 74 . DIVO RCES DENI ED, ON SHOW ING WHAT .-Divorces must be moon s. denied upon showing 1 . Connivance ; or, 2. Collusion i or, 3. Condonation ; or, 4. Recrimination ; or, 5. Limitation and lapse of time. i I