Miller v. Miller, 9811

• Decision Date: 25 February 1958
• Docket Number: No. 9811,9811
• Citation: 87 R.I. 145,139 A.2d 86
• Parties: Himon MILLER v. Florence K. MILLER. Ex.
• Court: Rhode Island Supreme Court

Page 86

139 A.2d 86

87 R.I. 145

Himon MILLER v. Florence K. MILLER.

Ex. No. 9811.

Supreme Court of Rhode Island.

Feb. 25, 1958.

Coffey, Ward, Hoban & McGovern, and Matthew E. Ward, Providence, for petitioner.

Charles H. Drummey, Providence, for respondent.

PAOLINO, Justice.

This is a petition by a husband for an absolute divorce. The case was heard in the superior court by a justice thereof who rendered a decision granting the petition on the ground of extreme cruelty. The case is before us on the respondent's bill of exceptions containing an exception to such decision and other exceptions to certain evidentiary rulings.

The record discloses the following undisputed facts. After a courtship of about three years which began while the petitioner was a student at Brown University the parties were married in Providence in this state on September 1, 1932. At that time petitioner was a medical student at Georgetown University in Washington, D. C. The respondent lived with her husband in Washington for the four years he was in medical school and during this time she was gainfully employed. After his graduation the parties returned to Providence and lived with respondent's parents until 1940 when they moved into their own home. In February 1939, after having completed an internship in Middletown, Connecticut, and a residency in a hospital in Providence, petitioner opened his office in the combination office and home built by the parties on a lot given them by respondent's father, who had also given them $3,000 toward construction costs. The petitioner practiced his profession there until June 1941 when he went into the military service.

The petitioner returned from the army in July 1945. Shortly thereafter he opened his office for the practice of psychiatry in a building separate and apart from his home. The respondent, who had served as his secretary while his office was in their home, continued to serve as such in his new office until sometime in 1947 when petitioner engaged a private secretary. However, she continued to help with the bookkeeping until 1952. Between December 18, 1936 and June 3, 1947 respondent bore the petitioner three children. At the time of the instant hearing their ages were 19, 14 and 9 years. The petitioner admits that respondent and her family provided the money for his medical education and maintenance during his years of study and while he was building up his practice, including, among other things, automobiles, office equipment, furniture and effects for the home.

There is no evidence of physical violence or threats of the same sufficient to prove extreme cruelty. The parties lived together from the time of their marriage until October 1954 when petitioner left his home and family. The petitioner admits that his wife was a neat person; that she kept a clean house; and that the children were well fed and cleanly clothed. The petitioner wrote endearing letters to his wife during the time he was in the service and an examination of these reveals no hint of trouble between the parties. On the contrary they show love, affection and respect on the part of petitioner for his wife.

However, the petitioner testified in substance that from the very beginning of their married life his wife became the dominating personality in the household; that on several occasions he was humiliated and embarrassed in the presence of other people by her conduct; that she kept reminding him of the help he had received from her family; that she interfered in his professional life; that he felt if he did not leave the home, he would lose all his sense of personal dignity and would no longer be able to serve his patients or himself effectively; that he found he was experiencing periods of extreme fatigue and was becoming depressed; that his efficiency to practice his profession was impaired or at least threatened; and that he had to take some affirmative steps to change the situation. The petitioner testified further that his wife's conduct during their married life adversely affected his health and his ability to practice medicine and that he never gave her any cause to act in the way she did toward him.

Two physicians, one of whom was a cousin of petitioner and the other a friend who had served with him in the army, also testified in his behalf. The sum and substance of their testimony was that they had treated petitioner in 1955 and 1956; that he looked worn, and thin; that he was nervous; and that he appeared to have lost weight.

The respondent in substance denied that she had embarrassed or humiliated her husband in the presence of relatives or friends. Neither did she in any manner question the integrity or standing of her husband as an outstanding physician and psychiatrist. However, she testified that he was a poor businessman and admitted that she found fault with the manner in which he was charging his patients for his services. In short, she testified that her conduct was motivated entirely by her wifely interest in helping him whenever and wherever she could.

After reviewing the law and the evidence the trial justice in her rescript stated that she accepted the testimony of petitioner and his witnesses as true, convincing, and satisfactory and further that the testimony of respondent was not convincing and had no probative force. She thereupon found that respondent's conduct amounted to extreme cruelty. The question before us is whether the trial justice applied the correct rule of law to petitioner's evidence of extreme cruelty. Unless her decision is clearly erroneous it will not be disturbed. Bastien v. Bastien, 57 R.I. 176, 177, 189 A. 37. Accepting the...