Hughes v. Hughes - 326 So. 2d 877 (La. Ct. App. 1976)

Rule:

Testimony made by close family members/household members may be used to establish conduct that constitutes mental harassment sufficient to render the continued living together insupportable.

Facts:

Mrs. Hughes filed this action in April 1974, alleging in her original and amended pleadings that Mr. Hughes had treated her coldly and indifferently, was habitually intemperate, and that on an occasion in December 1971, he had ordered her from the family home and threatened to do her bodily harm. She further alleged they separated after this incident until November of 1972, at which time she returned to the domicile on Mr. Hughes’ promises to correct his behavior. Further allegations are made that after approximately one month, Mr. Hughes returned to his general course of abusive treatment of Mrs. Hughes, including cursing and physical threats toward her making it necessary that she again separate from Mr. Hughes on December 18, 1973, and file this suit for a separation from bed and board. The trial court found Mr. Hughes guilty of cruel treatment toward his wife, Marilyn Elizabeth Hughes, to entitle her to a separation from bed and board. 

Issue:

Was there sufficient evidence to sustain a finding of guilt on the part of Mr. Hughes?

Answer:

Yes.

Conclusion:

In his reasons for judgment, the trial judge relied on the testimony of the only child of the marriage to resolve the conflicting testimony of the parties and to find Mrs. Hughes had proven her entitlement to a separation. This daughter who had married at the time of trial, was a college student during the troubled years of her parent's marriage but was present in the home on a number of occasions when there was discord between her parents. Her testimony confirmed her mother's allegations concerning the continuation of the cruel treatment by her father. The trial judge construed her testimony to relate to the actions of defendant after the reconciliation in November 1972, and found the testimony sufficiently convincing to establish that Mr. Hughes cursed his wife on many occasions and declared that he did not love either his wife or his daughter. The court found this conduct to constitute mental harassment sufficient to render the continued living together insupportable.