Wiegand v. Wiegand

OPINION OF THE COURT

ROBERTS, Justice.

This is an appeal from an order of the Superior Court declaring sections 11 and 46 of the Divorce Law 1 unconstitutional as contrary to the Equal Rights Amendment of the Pennsylvania Constitution, P.S. 2 Because the consti tutionality of these provisions was never questioned by the parties either in the trial court or in their briefs in the Superior Court, we conclude that this issue was not properly before that court. We therefore reverse and remand to the Superior Court for consideration of the issues properly presented by the parties.

On July 12, 1967,…