This section contains the nature of the case and procedural background.

W filed an action against H alleging that he was cruel to her and had ordered her from the family home and threatened to do bodily harm to her. W alleged that the couple had separated but that she returned on the promise that H would correct his behavior. H failed in his promise and returned to his prior course of conduct towards W. W then separated and filed a suit for a separation from bed and board. H claimed that W's leaving the constituted abandonment. The court found H at fault and H appealed.

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