25-4-8. Refusal of intercourse as desertion--Refusal to live together.
Persistent refusal to have reasonable matrimonial intercourse as husband and wife when health or physical condition does not make such refusal reasonably necessary, or the refusal of either party to dwell in the same house with the other party when there is no just cause for such refusal, is desertion.
Source: SDC 1939, §14.0709 (1).