Present: Bertram C.J. and Schneider J.

SILVA v. MISSINONA

438-D. C. Galle, 20,352.

Divorce-What constitutes malicious desertion ?-When decree should be entered ?-Interval between decree nisi and decree absolute-Civil Procedure Code,

 Desertion to be a ground for divorce must be malicious, that is to say, it must be a deliberate and unconscientious, definite, and final repudiation of the obligations of the marriage state. It must be sine animo reverlendi. Divorce should only be granted if the desertion complained of was a repeated desertion, and the offending spouse has contumaciously refused to return to married life.

Voet observes that even after judgment for desertion and separation, attempts should be made to bring about concord to the full extent to which this is possible.

" Our procedure gives opportunity for the application of the same principle through the fact that every decree for divorce is, in the first instance, a decree nisi. The period of three months before it is made absolute is only a minimum period, and in cases of malicious desertion this preliminary period should, in my opinion, be substantially longer, and we should g