Tedford v. Tedford
| Docket Number: | 2002-CA-01656-COA | |
| Court of Appeals: |
Opinion Link Opinion Date: 10-14-2003 Opinion Author: Chandler, J. Holding: Reversed and Rendered |
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| Additional Case Information: |
Topic: Divorce: Habitual cruel and inhuman treatment - Sufficiency of evidence Judge(s) Concurring: McMillin, C.J., Southwick, P.J., Bridges, Thomas, Lee, Irving, Myers and Griffis, JJ. Dissenting Author : King, P.J. Procedural History: Bench Trial Nature of the Case: CIVIL - DOMESTIC RELATIONS |
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| Trial Court: |
Date of Trial Judgment: 09-30-2002 Appealed from: Panola County Chancery Court Judge: Percy L. Lynchard, Jr. Disposition: WIFE GRANTED DIVORCE ON GROUNDS OF HABITUAL CRUEL AND INHUMAN TREATMENT. Case Number: B-02-02-56(L) |
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| Party Name: | Attorney Name: | |||
| Appellant: | Janie Gray Tedford |
DARRIN JAY WESTFAUL |
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| Appellee: | Bobby Dale Tedford | KIRKLAND CALDWELL WILLINGHAM |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Divorce: Habitual cruel and inhuman treatment - Sufficiency of evidence |
| Summary of the Facts: | Janie Tedford brought a divorce action against Bobby Tedford on the grounds of habitual cruel and inhuman treatment or, in the alternative, irreconcilable differences. The chancellor granted Janie a divorce on the ground of habitual cruel and inhuman treatment, and Bobby appeals. |
| Summary of Opinion Analysis: | Bobby argues that the court erred in granting a divorce on the grounds of habitual cruel and inhuman treatment. Habitual cruel and inhuman treatment may be established by a showing of conduct that either endangers life, limb or health, or creates a reasonable apprehension of such danger, rendering the relationship unsafe for the party seeking relief, or is so unnatural and infamous as to make the marriage revolting to the non-offending spouse and render it impossible for that spouse to discharge the duties of the marriage. Janie testified that Bobby never physically abused her nor was she in reasonable apprehension of physical harm. Although Janie argues that Bobby's withdrawal of intimacy, verbal abuse, criticism, and control of family finances over a period of time was enough to establish habitual cruel and inhuman treatment, more than mere unkindness or rudeness, or incompatibility or want of affection is required. The evidence presented by Janie fails to meet the standard required when granting a divorce on the grounds of habitual cruel and inhuman treatment. Bobby’s conduct does not rise to the level of infamous and unnatural behavior. |
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