Commonwealth Ex Rel. Demarco v. Demarco

Argued October 3, 1949. In this proceeding, brought under the Act of June 24, 1939, P. L. 872, § 733, 18 Pa.C.S.A. § 4733, the lower court, on a finding that relatrix is the common law wife of the respondent, ordered him to pay $25 per week for her support and that of their minor child. Respondent's paternity of the child is clearly established. The serious question is whether there was a marriage at common law.

The existence of a valid marriage must be proved. But there is no merit in respondent's contention that the court, in a proceeding for support under the above Act, lacks jurisdiction…