majority"> Denny, J.

A divorce a mensa et thoro may be granted on application of the party injured on any one of the grounds set forth in G. S., 50-7. Albritton v. Albritton, 210 N. C., 111, 185 S. E., 762. The plaintiff in this action relies upon subsection 4 of the above statute and alleges that the defendant offered such indignities to her person as to render her condition intolerable and life burdensome.

The defendant insists that his motion for judgment as of nonsuit, made at the close of the plaintiff’s evidence and renewed at the close of all the evidence, should have been granted.

The defendant contends that the allegations of the complaint, as well as the evidence offered in support thereof, are insufficient to support a verdict and judgment for divorce a mensa et thoro.

A careful review of the complaint and all the evidence offered in the trial below, tends to show that the conduct of the defendant and the accu *627 sations made by bim, upon which the plaintiff relies as the indignities Avhich had rendered her condition intolerable and her life burdensome, grew out of the charge on the part of the defendant that the plaintiff Avas too intimate with her foster father. In fact the plaintiff alleges as one of the specific indignities on the part of the defendant, his repeated accusation of her immoral relationship with her foster father and with other men. But, notwithstanding her reliance upon that allegation in her complaint, she did not deny the accusation or allege it was false. Moreover, she testified that her husband had accused her in October or November, 1944, of having sexual intercourse with her foster father, but she did not testify that the accusation Avas not true.

It might be argued that the allegation in the complaint to the effect that the plaintiff has always been a patient and dutiful wife, giving the defendant no proArocation or justification for the many indignities and cruelties Avhich she has been compelled to suffer, is at least an indirect denial of the husband’s charge of infidelity. We think, however, such a serious accusation on the part of the husband, if untrue, merits a more direct and emphatic denial. But if we should concede that this allegation in the complaint constitutes a sufficient denial of the charge of infidelity, the plaintiff offered no testimony in support of her allegation that the acts of the defendant Avere Avithout adequate provocation on her part.

In an action for divorce a mensa et thoro, only the injured party is entitled to relief. G. S., 50-7; Vaughan v. Vaughan, 211 N. C., 354, 190 S. E., 492; Carnes v. Carnes, 204 N. C., 636, 169 S. E., 222; Brewer v. Brewer, 198 N. C., 669, 153 S. E., 163. And, when the wife institutes such an action she must not only set out with particularity the language and conduct on the part of her husband, upon which she relies for the relief sought, but she is also required to aver, and consequently to prove, that such acts were Avithout adequate provocation on her part. Pearce v. Pearce, 225 N. C., 571, 35 S. E. (2d), 636; Howell v. Howell, 223 N. C., 62, 25 S. E. (2d), 169; Pollard v. Pollard, 221 N. C., 46, 19 S. E. (2d), 1; Carnes v. Carnes, supra; Dowdy v. Dowdy, 154 N. C., 556, 70 S. E., 719; Martin v. Martin, 130 N. C., 27, 40 S. E., 822; Jackson v. Jackson, 105 N. C., 433, 11 S. E., 173. The failure of the plaintiff to allege and offer evidence tending to show the defendant’s charge of her infidelity was untrue and unwarranted; and to offer evidence tending to shoAv that the other language and conduct of the defendant relied upon as indignities that made her condition intolerable and life burdensome, were without adequate provocation on her part, is fatal to her action. The verdict beloAV cannot be sustained and the defendant’s motion for judgment as of nonsuit should have been allowed.

The judgment of the court below is

Reversed.

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