Matakieff v. Matakieff

• Decision Date: 13 March 1967
• Docket Number: No. 53,53
• Citation: 226 A.2d 887,246 Md. 23
• Parties: Apostol H. MATAKIEFF v. Madeleine N. MATAKIEFF.
• Court: Maryland Court of Appeals

Page 23

246 Md. 23

226 A.2d 887

Apostol H. MATAKIEFF v. Madeleine N. MATAKIEFF.

No. 53.

Court of Appeals of Maryland.

March 13, 1967.

Cyrus A. Ansary, Washington, D. C., for appellant.

George L. Quinn, Jr., and Esther Cady Quinn, Silver Spring, for appellee.

Before HAMMOND, C. J., and HORNEY, OPPENHEIMER, BARNES and FINAN, JJ.

FINAN, Judge.

Apostol H. Matakieff, appellant, a citizen of Bulgaria, who was residing in Montgomery County at the time of the filing of the bill of complaint by the appellee, is appealing from a decree of the Circuit Court for Montgomery County granting the appellee, Madeleine N. Matakieff, his wife, a decree a vinculo matrimonii on the ground of desertion, and dismissing his cross-bill charging adultery. The decree also awarded the custody and guardianship of the minor child, Tanya Matakieff, to the appellee with reasonable visitation privileges reserved to the appellant; it also ordered the appellant to pay the sum of $200 per month to the appellee for the support and maintenance of the minor child and $100 per month as alimony, dating from January 19, 1966; the sum of $300 additional solicitor's fee for the appellee's attorney and the sum of $6,110 to the appellee, representing alimony pendente lite and support and maintenance for the minor child found to be due and owing under an order of court dated June 10, 1963.

The couple were married in Montgomery County on November 8, 1958; one child, a daughter, was born on May 4, 1959. The appellee also had a minor daughter by a previous marriage who lived with them. The husband was a salesman, sometimes of automobiles, sometimes of Fuller brushes, the wife a part-time elementary school teacher and secretary. Frequent arguments punctuated the marriage idyl, the wife alleging that the husband had temper tantrums which would culminate in his striking her and at times their daughter; also the husband would frequently leave the home for a day or two. At least on one occasion, his physical violence to the wife prompted her to call the police, who upon arrival did not arrest the husband but lectured him that in America a man had to treat his wife in a more considerate fashion than had been his custom, gallantly admonishing him, 'that you don't hit a woman in Maryland.' The wife testified that the husband also threatened to take the child out of the country. The wife claims that they ceased having sexual relations in December of 1962, and thereafter the husband's absences from home, for one and two day periods, became more frequent and even during the occasions that he was home, he wouldn't speak to her. Finally in April of 1963, the husband left and did not return until May 9, 1963, at which time the wife would not admit him to the apartment. She testified that at the time one daughter had just recovered from the measles and the other one had just contracted them. The husband returned the next night and kicked in the door. The wife called the police, but since the couple were not legally separated they did not make the husband leave. The husband remained for almost fifteen days, sleeping on a sofa in one room she occupying another. The wife maintains there was no sexual relations between them during this period.

She filed her bill of complaint for a divorce a mensa et thoro on May 14, 1963, and left their abode about 15 days thereafter, taking the children with her. She stayed with a friend in Silver Spring until June 10, 1963, and then went to her mother's home in New Jersey. On June 14, 1963, the husband sent her a telegram to her mother's address in New Jersey telling her to get her belongings out of the Bradley Boulevard apartment by June 18, 1963.

In september 1963, she returned to Maryland renting an apartment in Adelphi, Prince Georges County, which she occupied until July 27, 1965. She obtained employment with a law firm in Hyattsville. During much of this period the husband made weekly visits to the Adelphi apartment to see his daughter and bring money to apply towards his payments of alimony pendente lite and support for the child, although in this respect he became substantially in arrears. On occasions he took the family out to dinner.

The appellant, giving his version of events, testified that during the year 1964, he was transferred to Washington by the Fuller Brush Company and that he made three or four visits a week to the Adelphi apartment and spent the week-ends there, sharing the same bed with his wife, (which the wife in her testimony categorically denied) and that this continued until May 15, 1965, when his discovery on the scene of the alleged paramour, Glidden, brought his visits to an abrupt termination. On this latter occasion he testified that he went to the Adelphi apartment around midnight and knocked on the door and nobody answered. He was in the process of entering through a window in the bedroom where the children slept when he heard a door opening and slamming and saw a man dressed in a T-shirt run out into the street. He pursued him for a quarter of a mile before catching him. The man, who would not identify himself, turned out to be Glidden.

On May 20, 1965, appellant testified that while peeping through the venetian blinds of his wife's apartment, he saw appellee and Glidden sitting on the couch in the living room at 1:30 a. m.-she had her head on his shoulder. The lights were on, but were turned off at 2:30 a.m. and Glidden was still there.

The husband then secured the services of a private detective agency. Investigator Davison testified that on June 6, 1965 at 10:00 p. m., Glidden and appellee entered the Adelphi apartment together. At this time the lights were on in the front bedroom but five minutes later the lights were turned off and the room remained in darkness until 11:45 p.m. The couple then emerged from the apartment and walked arm in arm to the laundry room. They returned at 12:15 a. m., carrying baskets of laundry. Ten minutes later they again emerged from the apartment and went to appellee's car from which they took a tire and carried it over to Glidden's car. They did not kiss but hugged each other for about a minute. Glidden then left.

On June 17, 1965, Davison again observed the Adelphi apartment. The master bedroom was dimly lighted and from a window observation, the investigator heard a man's voice. Glidden left at 1:50 a. m. Appellee walked to the doorway and kissed Glidden good night.

On June 19, 1965, Davison again observed Glidden and appellee in the apartment from 10:00 p. m. until 3:30 a. m. when his observation ceased.

On June 18, 1965, investigator Alfred Milburn observed Glidden, the appellee and her two children eating dinner at the Shore Club where they left at 10:45 p. m. Glidden carried one of the children. They drove off in Glidden's car with appellee sitting close to him. Investigator Charles Milburn later observed Glidden, appellee and the two children entering Glidden's house after leaving the Shore Club. All lights were turned off and no one else entered or left before 3:00 a. m. when the vigil was discontinued.

On June 19, 1965, Alfred Milburn observed Glidden enter the Adelphi apartment at 10:00 p.m.; at 12:28 a.m. Glidden came out and went to his car and got what appeared to be a bottle and returned to the apartment; the appellee waited for him in the doorway. At 2:04 a. m. appellee came out of the apartment and looked around and then re-entered immediately. At 2:07 a. m. the lights were put out; at 4:20 a. m. when the watch was discontinued, Glidden had not left.

A fourth investigator, Anton Fanflik, corroborated the observations of June 17, 18 and 19th, 1965.

Mrs. David R. Cromer, a neighbor and disinterested witness, testified that in May or June, 1965, Glidden commenced visiting the appellee's apartment four to five times a week.

The appellee, after hearing the testimony of the appellant's witnesses, took the stand in rebuttal. She denied that any improper conduct transpired between her and her alleged paramour, Glidden. She stated that he was a garage mechanic that she had met. She did not deny his presence in her home on the occasions testified to by the private detectives, stating that his presence in the apartment was for the purpose of protecting her from the appellant. Nor, did she specifically deny kissing or hugging Glidden or sitting close to him in his automobile on the occasions testified to by the detectives. Although denying that Glidden had stayed with her too late, her recollection of specific dates was vague. Pertinent parts of her testimony were as follows:

Q. How did you come to know Mr. Glidden?

A. One day he worked on my car. He worked at the automobile shop and I had known him for about a year and on one occasion I had stopped and talked to him after work and he told me that he had been divorced and he asked me if I would like to have a meal with him sometime, because I told him I was separated and every day I would see him, that's all.

Q. THE COURT: Well the time did come according to this witness when this man stayed until 4:30 or 4:00 a. m. and then he left.

A. THE WITNESS: I don't think he was ever there that late, he was there late once or so but not that late.

Q. THE COURT: I am just saying in accordance with this testimony as it is here, he did on the 19 of June indicate that he left at 4:20 a. m. and that the night of the Shore Club that he watched his house until about 3:30 a. m. and that on June 6 Mr. Davison testified that at 11:40 a. m. he left the apartment and came back at 12:14 and you hugged him and at 2:07 he left. Do you want to-

A. THE WITNESS: I don't recall that it was ever at 4:00 in the morning. We came home very late and maybe he would accompany me into the house and he was there maybe fifteen minutes and if the lights went out in there it was because we weren't there. At 3:15 I don't recall that it was ever 4:20 in the morning, I don't think it was ever that late, it was possible that it...