Opinion
Argued November 3, 1962
Decided December 6, 1955
Action for a divorce, brought to the Superior Court in Hartford County, where the defendant filed a cross complaint and the issues were tried to the court, Mellitz, J.; judgment for the defendant on the complaint and for the plaintiff on the cross complaint, and appeal by the plaintiff. No error.
Douglass B. Wright, for the appellant (plaintiff).
Thomas F. McDonough, for the appellee (defendant).
The plaintiff brought this action to obtain a decree of divorce on the ground of intolerable cruelty. It appears from the uncorrectable finding that the conduct of the defendant was cruel but not intolerable. As the term is used in the statute (General Statutes § 7327), "intolerable cruelty" has a subjective as well as an objective significance. There must be not only proof of acts of cruelty on the part of the defendant but also proof that in their cumulative effect upon the plaintiff they are intolerable in the sense of rendering the continuance of the marital relation unbearable to him. Gowdy v. Gowdy, 120 Conn. 508, 510, 181 A. 462.