Commonwealth ex rel. Lucchetti v. Lucchetti

Opinion by

Hirt, J.,

In this habeas corpus proceeding, a contest between parents for the custody of their two-year old daughter, the lower court properly awarded the child to its mother.

Relatrix had been mistreated by her husband and the separation occurred on.May 22, 1949, when he ex-*531eluded her from their common home. He then took the child to his mother’s home in Philadelphia where he has been living since that date. Following the separation the relatrix went to live with her sister in Philadelphia; she intends to remain there until she is able to arrange for more suitable quarters elsewhere.

A…