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5 P.R. 39

Cátala v. Calderón

Supreme Court of Puerto Rico

Decided December 14, 1903

Supreme Court of Puerto Rico · decided 1903-12-14

This is an action for divorce pending before us on appeal, with José Cátala, as appellant, and María Calderón, as respondent, the former being represented in this court by An-tinio Moreno Calderón, Esq., while the respondent failed to enter an appearance.

Decided 1903-12-14

Mr. Justice Sulzbacher,

¶1after making the above statement of facts, delivered the following opinion of the court.

¶2*43This Supreme Court has held on several occasions that divorce should he granted for adultery, this being in conformity with the act of Congress known as the “Foraker Act,” and, furthermore, according to an act of the Legislative Assembly of Porto Eico, the abandonment of the wife by the husband or of the husband by the wife, is also a cause for divorce.

¶3It has been proven that the wife, María Calderón, abandoned her husband and lived maritally with another man; thus, in addition to the abandonment, adultery has also been nroven.

¶4We adjudge that, in reversing the judgment appealed from, we should sustain, and do sustain, the complaint filed by José Cátala de la Cruz, and consequently the marriage bonds hitherto existing between the plaintiff and defendant are by this judgment forever dissolved, with costs of the proceedings in the District Court against defendant.

Chief Justice Quiñones and Justices Hernández, Figue-ras and MacLeary concurred.
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