Berberian v. Berberian

This is a divorce proceeding. It has been heard in the Family Court at various times on a variety of motions, has twice been before this court and, insofar as we are advised, has not yet been heard on the merits. It is now here on the husband’s petition for certiorari in which he seeks review of a Family Court decree of December 3, 1970, directing him to pay a fee of $500 to his wife’s attorney.

The husband challenges the award on three grounds. His first claim is that his wife’s ownership of securities worth about $1,000 precludes her claim for counsel fees under G. L. 1956 (1969 Reenactment)…