Commonwealth ex rel. Miller v. Miller

Opinion by

Wright, J.,

This case involves an action for support filed by a wife against her husband. The defense to the action was a separation agreement, which the court below held invalid because it was (1) “predicated fundamentally to provide for the obtaining of a divorce” and (2) “palpably unreasonable”. The husband has appealed.

The parties were married on August 4, 1951, and there are no children. Prior to the marriage, the wife had suffered a broken coccyx, for which she was undergoing constant medical treatment. Appellant was aware of this condition, but insisted upon the marriage…