Korkoya v. Korkoya

The Domestic Relations Law provides that the grounds for divorce are (1) inhuman treatment by the defendant-spouse that causes danger to the plaintiff-spouse’s physical and mental well-being, (2) desertion of the plaintiff-spouse by the defendant-spouse for a period of one or more years, (3) the defendant-spouse commits adultery, or (4) incompatibility of temper that results in danger to the plaintiff-spouse. The appellant husband filed for divorce for incompatibility of temperament. In the complaint, the husband alleged that his wife was quarrelsome and pugnacious, which the wife denied. The jury returned a verdict in favor of the defendant, and the plaintiff moved for a new trial. A final judgment was rendered confirming the original verdict. The appellant appealed to the Supreme Court and contended that a new trial should be awarded. The Supreme Court recited some of the testimony from the trial. In the trial, the defendant testified that the appellant had an intimate relationship with a third person and did not leave any food for the family. The Supreme Court stated that if the complaining spouse who filed for divorce was not responsible for the “incompatibility,” the trial court should grant the divorce. However, if the incompatibility arose from the misconduct of the complaining spouse, the trial court had the discretion to deny the divorce. The Supreme Court found the complaint by the appellant defective and affirmed the lower court’s decision.