Page:United States Statutes at Large Volume 76A.djvu/775

–679– -679(3) willful neglect, consisting of the willful failure of the husband to provide for his wife the necessaries of life, he having the ability to do so, or the willful failure to do so by reason of voluntary idleness, profligacy, or dissipation, in either case continued for a period of one year; (4) habitual drunkenness for a period of two years; (5) attempt, by the husband or wife, on the life of the other by any means showing malice; (6) extreme cruelty; or (7) conviction, subsequent to the marriage, of a felony. § 112. Adultery Adultery is the volimtary sexual intercourse of a married person with a person other than the offender's husband or wife. § 113. Desertion generally (a) Willful desertion is the voluntary separation of one of the married parties from the other with intent to desert. (b) Persistent refusal to have reasonable matrimonial intercourse as husband and wife, when health or physical condition does not make the refusal reasonably necessary, or the refusal without just cause of either party to dwell in the same house with the other party, is desertion. § 114. Desertion in case of stratagem or fraud If one party is induced, by the strategem or fraud of the other party, to leave the family dwelling place, or to be absent, and during the 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. § 115. Departure or absence because of cruelty or t h r e a t s Departure or absence of one party from the family dwelling place, caused by extreme cruelty or by threats of bodily harm from which danger would be reasonably apprehended from the other, is not desertion by the absent party, but it is desertion by the other party. § 116. Separation by consent Separation by consent, with or without the understanding that one of the parties will apply for a divorce, is not desertion. § 117. Absence becoming desertion Absence or separation, proper in itself, becomes desertion whenever the intent to desert is fixed during the absence or separation. § 118. Consent to separate as revocable Consent to a separation is a revocable act, and if one of the parties afterwards, in good f aim, seeks a reconciliation and restoration, but the other refuses it, the refusal is desertion. § 119. Return as curing desertion; effect of refusing condonation If one party deserts the other, and, before the expiration of the statutory period required to make the desertion a cause of divorce, returns and offers in good faith to fulfill the marriage contract, and solicits condonation, the desertion is cured. If the other party refuses the offer and condonation, the refusal shall be deemed and treated as desertion by that party from the time of refusal. § 120. Husband's selection of home or mode of living (a) The husband may choose any reasonable place or mode of living, and if the wife does not conform thereto, it is desertion on her part. (b) If the place or mode of living selected by the husband is unreasonable and grossly unfit, and the wife does not conform thereto, it

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