Black v. Black

Crumlish, J.,

This is an action for divorce a mensa et thoro. The matter is presently before us on plaintiff’s application for alimony pendente lite, counsel fee and costs, defendant’s responsive answer, and depositions.

The first question which we must decide is: May an award for alimony pendente lite, counsel fee and costs be made to a wife who relies upon a common-law marriage, the existence of which is denied by the husband?

*592Where this question has risen in cases involving a de facto marriage in this jurisdiction, it has been answered in the affirmative. See Smith v. Smith, 24 Dist. R. 527…