## Facts

- Husband and wife married in 1946 and had four sons.
- In 1958, wife developed multiple sclerosis, causing severe physical impairment and associated emotional strain.
- Husband sought a divorce *a vinculo matrimonii* on the ground of indignities to the person.
- Husband alleged wife repeatedly blamed him for the absence of a daughter, verbally abused him, attempted suicide, and accused him of infidelity.
- The parties continued living together for about 15 years; husband first pursued divorce proceedings in 1961.
- Wife testified to circumstances supporting her suspicion of husband’s involvement with another woman, including outings with her and finding prophylactics in his wallet; adultery was not proven.
- A master recommended granting a divorce, but the trial court dismissed the complaint; husband appealed.

## Issues

1. Whether the wife’s conduct constituted a continuous course of indignities rendering the husband’s condition intolerable and life burdensome.
2. Whether the husband proved he was the “innocent and injured spouse” entitled to relief on a fault-based divorce claim.
3. Whether conduct attributable to the wife’s serious, incurable illness could satisfy the legal standard for indignities.

## Decision

- The Superior Court independently reviewed the record and affirmed the trial court’s dismissal.
- The court held the husband failed to prove a legally sufficient course of indignities.
- The court held the husband failed to establish his status as the innocent and injured spouse, given evidence suggesting improper interest in another woman.

## Legal Principles

- On appeal in divorce matters, the appellate court conducts an independent review to determine whether the evidence establishes a legal cause for divorce.
- Indignities require a continuous course of conduct that renders the complainant’s condition intolerable and life burdensome; sporadic incidents are insufficient.
- Long cohabitation without timely complaint may undermine a claim that the marital condition was intolerable.
- The complainant must prove entitlement to fault-based divorce as the innocent and injured spouse; conduct suggesting an improper relationship with a third party may bar relief even without proof of adultery.
- Serious illness and related emotional distress may explain alleged misconduct; ill health, without more, does not itself supply the statutory ground of indignities.

## Conclusion

The court refused to dissolve the marriage because the husband did not prove a sustained pattern of indignities and did not show he was the innocent and injured spouse, particularly where much of the wife’s behavior was linked to debilitating illness and the husband’s conduct supported her suspicions of infidelity.


Benscoter v. Benscoter, 200 Pa. Super. 251, 188 A.2d 859 (Pa. Super. Ct. 1963)