Commonwealth Ex Rel. Lukens v. Lukens

Opinion by

Spaulding, J.,

Appellant William H. Lukens appeals from an order of the Court of Common Pleas of Delaware County directing him to pay his wife (appellee) |35 per week support. His sole contention is that the Act of June 24, 1939, P. L. 872, Section 733, as amended, 18 P.S. §4733, violates the Equality of Rights Amendment to the Pennsylvania Constitution 1 and the Equal Protection Clause of the Fourteenth Amendment.

We recently had occasion to consider a similar argument, challenging our statute allowing for awards of alimony pendente lite and costs to wives but not husbands, 2 in…