Nature of the Case
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Facts
H and W were married on October 9, 1969. One child was born, and H adopted W's daughter by a former marriage. Prior to the marriage H had been seriously wounded while serving in the armed forces in Vietnam and, as a result, his left arm is paralyzed, he is forced to wear a leg brace for support, and he has a plate in his head. On December 5, 1973, H filed a bill of complaint seeking a divorce a mensa et thoro, to be later merged into an absolute divorce, on the ground that W willfully deserted him on October 23, 1973. The bill of complaint was subsequently amended to include allegations of adultery. W filed an answer and cross-bill, in which she prayed for a divorce a mensa et thoro based on a single act of physical cruelty which occurred on October 23, 1973. H testified that W willfully deserted him on October 23, 1973. He admitted that he argued with her on the date of the alleged desertion and that, when she remarked that he 'wasn't half the man Gary was,' he became angry and struck her one time. H immediately attempted to apologize to his wife but was rebuffed. She then left their home, taking the two children with her, and they have not lived together as husband and wife since the date of the desertion. H denied he had ever been cruel to W. W testified that on October 23, 1973, she had been physically abused by H. During the argument H struck her and choked her 'in the bend of his arm.' W testified that after she broke free from his hold, he said, 'You and your bastard get out of here.' She stated that immediately thereafter she left the home, taking with her the two children. W's mother noticed a 'big knot' behind W's ear, and she drove her to a hospital for x-rays. The chancellor granted W a divorce a vinculo on the ground of cruelty and awarding her custody of the children and an allowance for their support. H appealed.
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