Wife v. Husband

DUFFY, Chancellor:

This is an action for separate maintenance by a wife (plaintiff) against her husband (defendant).1 The single issue for decision is whether proof of “destitute and necessitous” circumstances is jurisdic-tionally necessary before plaintiff is entitled to an order for her own support. Defendant says that his wife has earned income of about $9,000 annually and she is therefore not in destitute and necessitous circumstances; from that premise he argues that he is not obliged to supply any support. This is the decision after final hearing.

A

In the years since the Supreme Court’s…