Bergen v. Bergen

Respondent has challenged the jurisdiction of this court in the instant proceeding to compel support of his wife, on the ground that there is a Supreme Court action for separation now pending between the parties. The Supreme Court action was instituted by respondent, on the ground of abandonment, a few days after the commencement of the instant proceeding by his wife. Respondent bases his challenge on subdivision 3 of section 137 of the New York City Domestic Relations Court Act (L. 1933, ch. 482).

Petitioner first applied to this court for aid on June 4, 1945. After the usual preliminary…