Hansen

T his is an appeal by defendant Peter Hansen from a judgment granting an interlocutory decree of divorce to plaintiff Lillies Jane Hansen, upon the grounds of wilful neglect and extreme cruelty.

These parties intermarried in Australia on September 24, 1913, and separated in California on September 25, 1923. Three children were bom as the issue of said marriage, the custody of whom were awarded to the plaintiff.

Appellant -contends that the acts alleged in the complaint are insufficient to constitute extreme cruelty.

The complaint, among other things, alleges :

Section 94 of the Civil Code defines extreme cruelty to be “the wrongful infliction of grievous bodily injury, or grievous mental suffering, upon the other by one party to the marriage. ’ ’

No arbitrary rule of law can be laid down as to what particular facts must be alleged and proven in order to justify a finding that the complaining party has suffered grievous bodily injury or has undergone grievous mental suffering. A correct decision must always depend upon the sound sense and judgment of the trial court. “Whether in any given case there has been inflicted grievous mental suffering or grievous bodily injury, is a…