Commonwealth ex rel. Loosley v. Loosley

Dissenting Opinion by

Hoffman, J.:

Appellant contends that the lower court abused its discretion in dismissing her petition for support.

In July, 1974, appellant-wife left the apartment where she and appellee had been living. Thereafter, she filed a petition in the Court of Common Pleas of Delaware County for payment of support. On August 28, 1974, *393Judge Jerome held a hearing and ruled that appellee was not liable for support because appellant, who voluntarily left appellee, failed to prove legal grounds justifying the separation.

I agree with the Majority’s statement that we may not reverse the…