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192 Pa. Super. 234

Decker v. Decker

Superior Court of Pennsylvania

Decided April 13, 1960

Superior Court of Pennsylvania · decided 1960-04-13

Cited by 4 later decisions — most recently March 2008

4 state decisions

Relies on Dukenfield v. Dukenfield

Good law ✅— No negative treatment on recordhow we know

Decided 1960-04-13

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¶1Dissenting Opinion by

Wright, J.:

¶2I 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.
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