Benscoter v. Benscoter
188 A.2d 859, 1963 Pa. Super. LEXIS 620, 200 Pa. Super. 251 (1963)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A divorce on the grounds of indignities will not be granted when the defendant spouse's alleged misconduct is explained or excused by a serious illness and the plaintiff seeking the divorce has not demonstrated that they are an 'injured and innocent spouse.'
Facts:
- The parties were married in 1946 and had four sons.
- The wife verbally expressed disappointment and blamed the husband for their failure to have a female child.
- In August 1958, the wife was diagnosed with multiple sclerosis, an incurable disease which resulted in severe physical deterioration, including double vision, slurred speech, weakness, and an inability to walk without assistance.
- As a result of her illness and frustration, the wife attempted suicide three times in September 1961.
- During the summer of 1961, the husband began to take more pride in his appearance, shaving and changing clothes more frequently.
- The wife found prophylactics in the husband's wallet and observed stains on his underclothes, arousing her suspicion of an affair.
- The husband admitted to accompanying another woman while trapping wild game and going swimming with her.
Procedural Posture:
- The husband filed a complaint in a Pennsylvania court of first instance seeking a divorce a.v.m. on the ground of indignities.
- A master appointed by the court heard the evidence and recommended that a divorce be granted.
- The court of first instance reviewed the master's recommendation, rejected it, and entered a decree dismissing the husband's complaint.
- The husband, as appellant, appealed the dismissal to the Superior Court of Pennsylvania, an intermediate appellate court.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a wife's sporadic verbal abuse, which is attributable to her suffering from the debilitating disease of multiple sclerosis, constitute 'indignities to the person' sufficient to grant a divorce when the plaintiff husband's own conduct with another woman undermines his status as an 'injured and innocent spouse'?
Opinions:
Majority - Ervin, J.
No. A divorce cannot be granted because the wife's conduct does not rise to the level of indignities and the husband is not an innocent spouse. First, the wife's alleged misconduct was sporadic and did not constitute a continuous 'course of conduct' as required by law for an indignities claim. Second, and more critically, the wife's actions are explained and excused by her severe illness, multiple sclerosis; the court held that acts resulting from ill health do not furnish a ground for divorce. Finally, the plaintiff husband failed to meet his burden of proving he was the 'injured and innocent spouse,' as his suspicious behavior and relationship with another woman were not 'above and beyond the call of duty' and gave his wife a reasonable basis for her suspicions. Marriage is a commitment 'for better or for worse, in sickness and in health,' and the court concluded the husband could not discard his wife after she became ill.
Analysis:
This case reinforces two key principles in mid-20th century Pennsylvania divorce law. First, it establishes that a severe physical illness can serve as a defense to a claim of 'indignities,' preventing a spouse from being divorced for behavior caused by their medical condition. Second, it strongly affirms the 'injured and innocent spouse' doctrine, meaning that a plaintiff's own misconduct, even if it does not amount to grounds for divorce itself, can bar them from obtaining a divorce. This decision underscores the court's traditional view of marriage as a permanent commitment, especially through sickness, and limits the availability of divorce where both parties have engaged in questionable conduct.
Unlock the full brief for Benscoter v. Benscoter