Divorce and separation, § 42 — duty of wife to live with husband's parents. 1. A wife is not bound to make her home with her husband's parents, where he is able to provide a separate one and the experiment of living with the parents has proved unsatisfactory, while his conduct is such as to indicate that his insistence on her so doing is to cause her to leave him. [See note on this question beginning on page 338.] Divorce and separation, § 87 - when wife entitled to alimony. 2. To entitle a wife to a decree of permanent alimony, such facts must be alleged and proved as would entitle her to a decree of divorce either a vinculo matrimonii or a mensa et thoro. [See 1 R. C. L. 936.] cause, to treat his wife in such a manner as to compel her to leave him. [See 9 R. C. L. 366; 2 R. C. L. Supp. 787; 4 R. C. L. Supp. 603.] Domicil, § 8 select domicil. right of husband to 4. A husband has the right to determine the domicil of himself and family, and his wife is compelled to accept as her domicil the place selected and maintained by the husband. [See 9 R. C. L. 365; 2 R. C. L. Supp. 786.] APPEAL by defendant from a decree of the Circuit Court No. 2 of Baltimore City (Bond, J.) dismissing his cross bill and sustaining plaintiff's bill for permanent alimony, counsel fees, and costs. Affirmed. The facts are stated in the opinion of the court. Mr. George W. Cameron, for appellant: No evidence in this case is legally sufficient to have granted plaintiff a divorce a mensa et thoro, or a vinculo, and in this state that is the test, where the relief prayed is permanent alimony. Outlaw v. Outlaw, 122 Md. 695, 91 Atl. 1067; Outlaw v. Outlaw, 118 Md. 503, 84 Atl. 393; Polley v. Polley, 128 Md. 62, 97 Atl. 526; Marshall V. Marshall, 122 Md. 694, 91 Atl. 1067; Theiss v. Theiss, 124 Md. 298, 92 Atl. 922; Twigg v. Twigg, 107 Md. 681, 69 Atl. 517; Bounds v. Bounds, 135 Md. 224, 108 Atl. 870. A court should be careful not unnecessarily to widen a breach between husband and wife by its orders and decrees. McCaddin v. McCaddin, 116 Md. 571, 82 Atl. 554. It is the long-settled policy of the courts of this state to discourage rath er than to encourage divorce proceedings. Harrison v. Harrison, 117 Md. 612, 84 Atl. 57. The causes must be grave and weighty, and such as show an absolute impossibility that the duties of the married life can be discharged. Childs v. Childs, 49 Md. 514. Messrs. Lee I. Hecht and Webster C. Tall, for appellee: The conduct of the husband may at times be such as to compel the wife to leave. Kott v. Kott, 135 Md. 696, 111 Atl. 240. Every wife is entitled to a home corresponding with the circumstances and condition of her husband, over which she shall be permitted to preside as mistress; and she does not forfeit her right to maintenance by refusing to live in the home with, and under the control of, her husband's mother. (— Md. —, 126 Atl. 112.) Brewer v. Brewer, 79 Neb. 726, 13 L.R.A. (N.S.) 222, 113 N. W. 161; Shinn v. Shinn, 51 N. J. Eq. 78, 24 Atl. 1022; Wright v. Wright, N. J. Eq. -, 43 Atl. 447; Marshak v. Marshak, 115 Ark. 51, L.R.A.1915E, 161, 170 S. W. 567, Ann. Cas. 1916E, 206; Hall v. Hall, 69 W. Va. 175, 34 L.R.A. (N.S.) 758, 71 S. E. 103; Albee v. Albee, 141 Ill. 550, 31 N. E. 153; Powell v. Powell, 29 Vt. 148. It is the duty of a husband to provide a home for his wife separate from that of his relatives, and the consequential privilege of the wife to refuse to live at the home of her husband's parents. Young v. Young, 136 Md. 84, 110 Atl. 207; Taylor v. Taylor, 112 Md. 666, 77 Atl. 133. The inherent affirmative elements of abandonment as a matrimonial defense are two-the cohabitation ended, and the defending party's intent to desert. 1 Bishop, Marr. Div. & Sep. § 1672; Muller v. Muller, 125 Md. 72, 93 Atl. 404. Digges, J., delivered the opinion of the court: The appellant and appellee in this case are husband and wife. They were married September 23, 1922, in the city of Baltimore. After the marriage they went to live with the husband's parents at 109 Beechwood avenue, Catonsville, Maryland, and remained there for about two months, until the latter part of November, 1922. On November 28, 1922, they moved to and occupied a small, three-room apartment at No. 811 North Charles street, Baltimore, Maryland, said apartment having been leased for four months. On April 5, 1923, the appellee left the Charles street apartment and went to live at her mother's home, No. 3118 Baker street, Baltimore,, and since that time they have not lived together as man and wife. On August 2, 1923, the appellee filed in circuit court No. 2 of Baltimore city her bill of complaint against her husband, alleging abandonment and desertion, and praying for alimony, both pendente lite and permanent, counsel fees, and costs. Appellant answered the bill of com plaint by denying its allegations as to desertion and abandonment, and on the same day, August 20, 1923, filed his cross bill, in which the cause of complaint is stated to be that the appellee, without just cause, reason, or provocation therefor, abandoned and deserted him; and the prayer of the cross bill is for a decree of divorce a mensa et thoro on that ground. By her answer the appellee denied the material averments of the cross bill, and asserted that the conduct of the appellant was the cause of their separation and their ceasing to live together. Testimony was taken on behalf of the parties in support of their respective contentions, in open court. On November 2, 1923, the chancellor passed the following decree: "Decree. "This cause standing for hearing and having been submitted, the counsel for the parties were heard, and the proceedings read and considered: "It is thereupon, this 2d day of November, 1923, by the circuit court No. 2 of Baltimore city, adjudged, ordered, and decreed that the bill of complaint of Katherine S. Hoffhines, for alimony, is sustained, and that the defendant. Arthur R. Hoffhines, shall pay to the complainant, Katherine S. Hoffhines, as alimony, the sum of forty dollars ($40) for the period from October 3, 1923, to November 3, 1923, and the further sum of seven dollars ($7) per week beginning November 3, 1923, and until the further order of this court. "And it is further adjudged, ordered, and decreed that the cross bill of Arthur R. Hoffhines v. Katherine S. Hoffhines, for a divorce a mensa et thoro, be and the same is hereby dismissed. "And it is further adjudged, ordered, and decreed that the defendant, Arthur R. Hoffhines, shall pay to the complainant, Katherine S. Hoffhines, the sum of twenty-five dollars ($25) as a counsel fee for services of counsel in defending the proceedings in this court on the ro. Wallingsford v. Wallingsford, 6 Harr. & J. 485; Dunnock v. Dunnock, 3 Md. Ch. 146; Outlaw v. Outlaw, 118 Md. 503, 84 Atl 383; Polley v. Polley, 128 Md. 62, 97 Atl. 526. In this case the alleged cause for divorce is the abandonment and desertion of the appellee by her husband, as stated in her bill of complaint. It is admitted that the physical separation was the act of the wife, but it is contended that the conduct of the husband toward the wife, and his treatment of her, constituted legal justification for the appellee ceasing to live with him, and therefore the acts of legal abandonment and desertion were those of the appellant. husband. It requires no citation of authority to support the legal proposition that it is abandonment and desertion by the husband, for -what is abandonment by him, without just cause, to treat his wife in such a manner as to compel her to leave him. Harding v. Harding, 22 Md. 337; Levering v. Levering, 16 Md. 213; Taylor v. Taylor, 108 Md. 129, 69 Atl. 632; Polley v. Polley, supra. The evidence in this case, while in some instances conflicting, is in the main uncontradicted, and shows that the parties had known each other for several years before their marriage, both being employed by the Standard Oil Company at its Baltimore branch; that immediately after the marriage they had lived at the home of the husband's parents, the understanding apparently being that they would try this arrangement, and, if found satisfactory, they would remain, and, if not, they would secure a home for themselves at some place in the city of Baltimore; that almost from the beginning of their residence with the husband's family there was evident friction, the wife telling her husband that, while they were supposed to be boarding at his parents' home, she was in fact compelled to help with all the work of the household, including the washing and ironing; that she could do her own work, but did not feel that she should have to assist in the work of the family; that she had no freedom of action, could not go anywhere, but had to do just as his people said; that her husband agreed it would be better for them both to move in town and live by themselves; that they moved into the Charles street apartment on November 28, 1922, they both having decided upon that location; that the lease of the apartment was for a period of four months, and that the rent was $32.50 per month; that the husband was earning $125 per month, from the date of their marriage to the time of separation, and $25 each month was allowed to be retained by the company by which he was employed, in accordance with a stock-purchasing plan which that company then had with its employees; that during the period they lived together, in addition to the cooking and general housework incident to the family, the wife had temporary employment, and from November, 1922, to April, 1923, she earned the sum of $300, $200 of which was expended in the maintenance of the home; that the husband had a life insurance policy at the time of the marriage, by the terms of which his mother was the beneficiary; that sometime in December, 1922, he was requested by his wife, the appellee, to change this policy so as to make her the beneficiary in place of his mother, which request was refused; that shortly before the expiration of the lease on objectionable when we lived there when first married, and I am sure that conditions have not improved. If you do not provide a home for me as you should, then you must, as my husband, provide for me and send me an allowance each and every week. "I expect to hear from you at once, as to just what you propose doing either a home where we can live as we should, as man and wife, or assistance in the way of support to me, as your wife. (Md. 126 Atl. 112.) the Charles street apartment the appellant told his wife that he was not going to renew the lease, because he could not afford it, and that they would have to return to his mother's to live, and told the landlady that he had given up the apartment, and that she could show any prospective tenants to the apartment for the purpose of renting it to other parties; that, during the period the appellee was employed, her husband furnished very little for the support of the family; that the appellant repeatedly told his wife that they would have to return to his mother's to live, and this conversation on one occasion occurred in the presence of the appellee's mother; that the appellee, in reply, told her husband that she was perfectly willing to live in one room by themselves, but would not return to his parents' home. With these conditions existing, the appellee on April 5, 1923, while her husband was at the office of his employer, left the Charles street apartment, taking with her the articles of furniture belonging to herself, and removed to the home of her mother on Baker street; that, upon the husband's return to the apartment on the evening of April 5, 1923, and finding his wife away, he made no effort to inquire as to her whereabouts, but went to the home of his parents and remained there after that date, never making any effort to see his wife or induce her to return; that, on April 19, 1923, the appellee wrote her husband the following letter: "3118 Baker St., Balto., Md., "Dear Arthur: "As I repeatedly stated to you, I was and am perfectly willing to live with you as we should, as man and wife, provided you provide a suitable place for me to live and trust me properly as your wife. "I am willing to live with you any place that you provide, no matter how humble it be, but positively will not live with you at the home of your parents, as you know that was "Your wife, "Katherine Sanford Hoffhines." On April 20, 1923, the appellant replied to this letter as follows: "109 Beechwood Ave., "Catonsville, Md., "April 20, 1923. "Dear Katherine: "I am in receipt of your letter of the 19th inst., and have carefully noted your proposition contained therein, i. e., your willingness to live any place, no matter how humble. "It is utterly impossible, at the present time, for me to provide any place other than at my home. My mother joins me in this invitation. "Yours very truly, "A. R. Hoffhines." This letter of the husband was immediately replied to by the appellee as follows: "3118 Baker St., Balto., Md., "April 21, 1923. "Dear Arthur: "Your letter of the 20th inst. in reply to mine of the 19th received. You should have known before you asked me to marry you whether or not you could support me. "As I stated in my letter I will not live at your mother's home, because that is most objectionable, and is not our home. As you continue to fail to provide a home for me, I understand that you must provide me with the necessities of life as your wife, and I shall expect you to send me a sufficient amount to live and clothe myself on at once, and regularly each week hereafter. "Dear Katherine: "Your letter of the 21st received and in reply I wish to say again that a home with my mother is the very best that I am able to provide. "Yours very truly, "A. R. Hoffhines." In addition to this correspondence, the testimony shows that, after the separation of the parties, they met each other on Lexington street, the mother of the appellee being present on this occasion; that at this meeting the appellant refused to speak to the appellee, but told her mother that he and his wife would have to go to his parents to live; that the wife then said in the presence of her mother that she would live in one room with him, but would not live with his people, the husband's reply being that his parents' home was the place he would provide; that it was up to him to provide a home, and that his wife had no say. The evidence fails to show any friction occasioned by the mother of the appellee, but, on the contrary, indicates that the appellant and his mother-in-law were on the most friendly terms during the time in which he and his wife lived together. This is strongly indicated by the appellant's own testimony. There is testimony by the appellant to the effect that the appellee had endeavored to induce him to leave her and give her money for support, and that under such conditions she would be perfectly willing for him to leave, but that he would not agree to this, unless his wife would sign a contract relieving him from the payment of alimony. On cross-examination, when pressed by appellee's counsel to specify the time and place when these propositions were made by his wife, he was unable to do so, further than claiming on one occasion his wife's mother was present. This testimony was emphatically contradicted by the appellee and her mother, and we are convinced that the testimony of the appellant in this regard is not reliable. We have set out at some length the evidence in this case, as disclosed by a careful examination of the record, for the reason that it presents for the determination of this court for the first time the direct question of whether a husband's failure to provide a home for his wife other than with his parents, he being financially and otherwise able to provide a different place of abode, is sufficient cause to entitle a wife to refuse to accompany her husband to the home of his parents, and justify her in leaving under such conditions. Stating the proposition in a different form: When a husband is financially able to do so, does the law impose upon him the obligation of providing an independent home for himself and wife, and does his failure so to do justify the wife in refusing to live with him in the home of his parents? The general rule, supported by the great weight of authority, is that the husband has the right to determine the domi Domicil domicil. cil of himself and right of husfamily, and that the band to select wife is compelled to accept as her domicil the place so selected and maintained by her husband. This right is correlative with the husband's duty to provide for the support and maintenance of his wife and family, and if the wife refuses to accompany her husband, and live with him in the home provided by him, without sufficient cause, hers is an act of desertion. As stated in 19 C. J. 60: "When a husband has established a matrimonial domicil, and makes a peremptory and unconditional demand upon the wife to live with him |