
    Linda Rose Alspaugh WATTS v. John L. WATTS, Jr.
    No. 55937.
    Supreme Court of Louisiana.
    March 21, 1975.
   In re: John L. Watts, Jr., applying for Certiorari, or writ of review, to the Court of Appeal, Second Circuit, Parish of Claiborne. 305 So.2d 627.

Writ denied. On the facts found by the Court of Appeal that the wife’s original domicile separate from her husband was by mutual agreement and that thereafter the husband by failure to support the wife and child "ill treated” the wife, the wife had the right to establish a separate legal domicile for purpose of satisfying venue.

SUMMERS, BARHAM and MARCUS, JJ., are of the opinion the writ should be granted.

BARHAM, J.,

is of the opinion that the cause of action for a legal separation from bed and board must be based upon an act which actually caused the separation or actually barred reconciliation. Permitting parties to base such a suit on acts which did not give rise to the separation is contrary to the intent of the Civil Code, the strong policy protecting marriage, and equity. It follows that an act unrelated to the cause for separation can not give basis for venue based upon a separate domicile of the wife. In the proper venue, Lincoln Parish, that court has previously said these parties were mutually at fault in separating. The majority action gives no credit or finality to that judgment. That final judgment in Lincoln Parish restricts these parties to a one year separation suit or a two year divorce suit based upon continued living separate and apart.  