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H and W were married in 1956 and had four children. Eventually, H started to live apart from the marital residence and by October 1979, he had not resided there at all. Divorce was commenced in 1981. H sued on grounds of constructive abandonment and for cruel and inhuman treatment. H alleged that W struck him with objects including a lamp, and vase and threatened him with a knife attempted to choke him and frequently berate him. W denied all these allegations. The trial court rejected most of H's claim for cruel and inhuman treatment but granted the divorce on those grounds anyway. The appellate division reversed.

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