in view of crowded court docket, master appointed to hear contested divorce
How later courts described this case
- in view of crowded court docket, master appointed to hear contested divorce
Written by the judges who cited it.
The opinion
Dissenting Opinion by
Wright, J.:
I would dismiss the liusband’s complaint in divorce a.v.m. upon the opinion of Honorable Gerald A. Gleeson, who heard the testimony. As a matter of procedure, I find no authority for the reversal of the decision of the hearing judge by the court en banc. On the merits, as Judge Gleeson has convincingly demonstrated, the husband entirely failed to prove the desertion alleged in his complaint. It is my view that a wife is not guilty of desertion when the husband, whose responsibility it is to provide the habitation, absents himself therefrom and the wife remains therein. See the dissent in Dukenfield v. Dukenfield, 177 Pa. Superior Ct. 215, 110 A. 2d 858 .
Rhodes, P. J., joins in this dissent.