Supreme Court of Georgia March 8, 1973, 27732 (Phelps v. Phelps)

Nichols, Justice.

James H. Phelps filed a complaint in which he sought a divorce from his wife and custody of the couple’s three year old daughter. The complaint alleged that the couple also had a seven year old son and that it was agreeable with the complainant that the wife have custody of the son. The complaint was based upon cruel treatment.