Oyler

The parties hereto are husband and wife. The husband filed an action for divorce upon the ground of extreme cruelty. The parties were married in October 1956 and separated in June 1961. The defendant wife filed an answer denying the allegations of cruelty and taking issue as to the extent of the community property. She also filed a cross-complaint for separate maintenance on the ground of extreme cruelty.

A judgment was entered granting a divorce to the husband and giving no relief to the wife on her cross-complaint. The judgment also provides for payments to the wife and makes an adjudication as to the community property. The husband appeals only from that portion of the judgment which it is claimed awards alimony to the wife. The wife seeks only to resist the claims of the husband with reference to payments to be made to her.

At the trial there was produced evidence ample to justify the award of a divorce to the husband. His main contention was that the wife was guilty of habitual intemperance and that while intoxicated she had done a number of acts constituting cruelty. One of the main issues involved at the trial was the question of community property. The husband alleged in…