Baker v. Baker

The trial court’s decree appears to be based upon the theory that the scope of judicial authority in granting alimony in cases of divorce and legal separation extends to cases where no divorce or separation is sought or where no ground for divorce has accrued.

The statute (P. L., c. 287, s. 29) creating judicial power to act in the situations for which it provides is not explicit in defining the extent of the power. It provides that “Whenever the husband is insane, or whenever a cause is in existence which is, or if continued will be, a cause for a divorce in favor of the wife, the superior…