Husband G. v. Wife G.

This is a direct appeal from the Family Court which this Court ordered dismissed on jurisdictional grounds, subject to appellant’s right to remove the case to the Superior Court under the transfer statute, 10 Del.C. § 1901.* Thereafter, appellant filed a motion for reargument, contending that the action seeks separate maintenance for a wife and that a direct appeal lies in such case. Reargument was ordered and we now find merit in appellant’s argument.

In Wife K. v. Husband K., Del.Supr., 369 A.2d 684 (1977), we construed the statute, 13 Del.C. § 515, governing direct appeals from the Family…