Opinion
May 19, 1971.
May 20, 1971.
Divorce — Injured and innocent spouse — Evidence.
Before WRIGHT, P.J., WATKINS, MONTGOMERY, JACOBS, SPAULDING, and CERCONE, JJ. (HOFFMAN, J., absent).
Appeal, No. 1681, Oct. T., 1970, from decree of Court of Common Pleas of Delaware County, No. 1574 of 1969, in case of Stuart S. Krissinger, a/k/a Stuart Scoville Krissinger v. Joy Wetterer Krissinger, a/k/a Joy Priscilla Wetterer Krissinger. Decree affirmed.
Divorce.
Report of master filed recommending divorce on ground of indignities; exceptions thereto by defendant dismissed, opinion by BLOOM, J., and final decree entered. Defendant appealed.
Fronefield Crawford, with him Sondra K. Slade, Fronefield Crawford, Jr., and Crawford, Frazier Diamond, for appellant.
Arthur Levy, with him Levy and Levy, for appellee.
MONTGOMERY, J., filed a dissenting opinion.
Argued: May 19, 1971.
Decree affirmed. Having made an independent study of the entire record we are of the opinion that the court below properly granted a decree in divorce in this case.
My examination of this record convinces me that the appellee, husband, was far from being a paragon of virtue. His actions toward his wife contributed materially to her downfall. For that reason, he was not an injured and innocent libellant to entitle him to a divorce.
Therefore, I respectfully dissent.