Bosveld v. Bosveld
| Decision Date | 16 February 1943 |
| Docket Number | 46153. |
| Citation | 7 N.W.2d 782,232 Iowa 1199 |
| Parties | BOSVELD v. BOSVELD. |
| Court | Iowa Supreme Court |
McCoy & McCoy, of Oskaloosa, and Johnston & Shinn, of Knoxville, for appellant.
H S. Life, of Oskaloosa, for appellee.
Plaintiff-appellee brought this suit for divorce from defendant on the ground of cruel and inhuman treatment. Stated more specifically he in effect alleged: nagging and fault finding by defendant in the home and elsewhere; accusations of infidelity by defendant against him; fits of anger in which defendant would run from home in her night clothes and remain away for many hours at a time; "actual or pretended" attempts by defendant to commit suicide--once by drinking Lysol and another time by the threatened use of a "large and very sharp butcher knife"; invitation by her on separate occasions to two men to have improper relations with her; and on one occasion the making of a statement to another woman that she would like to have improper relations with certain men.
Defendant-appellant denied generally and filed cross-petition for separate maintenance on the ground of cruel and inhuman treatment consisting of alleged improper relations with other women the conduct of plaintiff in excluding her from the family home and preventing her from entering same; his refusal to allow her to see her children; physical violence committed by him against her consisting of choking her shortly before her last child was born; and his conduct in forcing her to get into a car, bending her arm back and hurting her on the occasion of taking her to a hospital in Michigan.
A large number of witnesses was examined, most of them, naturally being relatives or friends of one or both parties. There is the usual showing of prejudice and partisanship by witnesses on both sides.
The undisputed facts show that plaintiff and defendant were married Dec. 5, 1929; that one son was born in 1931, one in 1933 and a daughter in August, 1939. Defendant had a miscarriage three or four years before the daughter was born.
They resided in Peoria, Mahaska County, Iowa, and were members of Christian Reformed Church. It seems to be a principle of the church to take charge of trouble that arises and to try to keep the parties out of court. Defendant's father and brother belonged to another denomination. This possibly was the cause of some lack of complete sympathy between plaintiff and defendant.
One gets the impression in reading this record that defendant was always highstrung and had a quick and uncontrolled temper. Also that after her miscarriage, which was around 1935 or 1936, her condition in that respect was worse.
There seems no doubt that latterly, at least, she was guilty of fault-finding concerning her husband's long hours of work and inadequate pay and their resultant low standard of living. She may have been unwise in carrying it to the degree indicated by the record. She frankly admitted much of the so-called nagging though denying the appropriateness of the word. She complained of not having needed utensils and conveniences at home and of other hardships which she thought could be avoided if plaintiff sought more lucrative employment.
She makes no denial of the butcher knife incident: There may be some significance to the fact that her husband took her to the hospital on that occasion instead of blaming her for her acts. He evidently considered that she was a subject for medical treatment.
It is also significant that after each attempt at suicide (or "pretended attempt" according to plaintiff) the defendant was taken to a psychopathic hospital or sanitarium. In December, 1939, she took a dose of Lysol. After being cared for at home for a period of approximately two weeks she was taken to the Christian Psychopathic Hospital at Grand Rapids, Mich. Again, after she had been home from the hospital about three months the butcher knife incident occurred and she was again promptly taken back to Grand Rapids (Sept., 1940) and remained there till Jan., 1942. The hospital was maintained for the mentally afflicted people of the church to which plaintiff and defendant belonged and incidentally any others "who care to come."
We are impressed by this record with the fact not only that hers was a mental case but also that her husband and associates so considered it. Two witnesses testify, apparently referring to two entirely separate occasions, that they saw her on the street, late at night, dressed only in her night clothes. She denies these incidents. Assuming they happened, they indicate an abnormal mentality rather than a malicious attempt to disgrace or annoy her husband.
The morning after the knife incident when defendant resisted being taken to Michigan, plaintiff by force put her into the car. She says: "He pushed me in the car and kissed me goodbye." He has not denied this testimony. It indicates that up to that time the husband considered her irresponsible rather than blameworthy. He knew the hospital to which she was being taken was for mental cases.
Dr. Abbott of Oskaloosa testified: "The diagnosis showed she had flu of the base of the brain affecting her nervous system and she was very nervous and having slight hallucinations * * *."
The testimony of the two men as to having received improper proposals from defendant, if true, indicates strongly that her mental condition was affected. Forth-right proposals such as they relate, without any preliminary incidents or overtures leading up to them, are not indications of immorality so much as of irresponsible mentality. She denies that evidence in toto.
Mrs. Hoitenga, the pastor's wife, took defendant to the Grand Rapids institution the first time and, with Rev. Hoitenga and others, also accompanied her there the second time. She testifies:
Rev. Hoitenga says:
There is much evidence that defendant was deeply attached to her children. We shall not attempt to review it in detail. Rev. and Mrs. Hoitenga expressed that opinion. Mrs. Abbott, the doctor's wife, so testified. The doctor himself testified that after her return from Michigan (the second time) "she seemed to be perfectly normal to me, only she had a great fear of something happening, she was going to lose her children, that was the thing she talked about mostly."
We are not unmindful of the fact that various witnesses testified that defendant swore at the children, that she neglected them, that they were untidy and ill-kept.
Other witnesses gave testimony the other way. As to the matter of alleged untidiness of the children as well as of the housekeeping, it is possible the pastor's wife, Mrs. Hoitenga, correctly explains the conflict in opinion:
It is never possible accurately to untangle and appraise the complicated affairs of a family, extending over a period of years. Witnesses see it from different viewpoints and angles.
The evidence shows that plaintiff never contemplated divorce until sometime during defendant's second confinement in the psychopathic hospital. She was taken there in Sept. or Oct., 1940, and he visited her the following June. He testifies that up to that time he had no idea of divorce. He explains his subsequent decision as follows in answer to a question on cross-examination:
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