Manzanares

This is an appeal from a judgment denying a default divorce decree.

The complaint herein alleges two causes of action for divorce; one on the ground of extreme cruelty and the other on the ground of wilful desertion. The complaint alleges that the 2-year-old son of the parties was in the custody of his mother, the defendant, who was a fit and proper person to have his custody, and prayed that she be awarded custody subject to the plaintiff’s right of reasonable visitation. The default of the defendant was entered. Thereupon the plaintiff presented evidence in support of the allegations of his complaint ; testified preliminarily that his son was living with the defendant and it was his desire that she continue to have custody; then, as proof of extreme cruelty, testified that it had come to his attention that the defendant was living with another man and the child was living in the same household with them. This disclosure and the plaintiff’s expressed desire that his child should remain with an adulterous mother *775 shocked the trial judge who forthwith declared his intention to require the mother to appear in court and permit her to be heard, before ruling on the issue of…