Cunningham v. Cunningham

Citations

• 48 Pa. Super. 442
• 1912 Pa. Super. LEXIS 388

Syllabus

<p>Husband, and wife — Separation—Refusal of intercourse — Equity— Support — Acts of May 28,1907, P. L. 287, and April 27, 1909, P. L. 182.</p> <p>1. A wife is not entitled to maintain a bill in equity against her husband under the Act of May 23, 1907, P. L. 227, as amended by the Act of April 27, 1909, P. L. 182, to compel him to support her after desertion, where it appears that the parties had lived together in the wife’s father’s house for fourteen years; that the wife had always refused to have sexual intercourse; that she had been continuously faultfinding, unreasonable and disagreeable, so that the husband’s health had been affected, that she always refused to go with her husband to establish a home of their own, and that she had received from her husband several thousand dollars of his savings which she had invested in her own name.</p> <p>2. The acts of 1907, and 1909, were not intended as a substitute for a proceeding in divorce.</p> <p>3. It is not the policy of the law to encourage the living apart of husband and wife while the marital relation exists in force.</p>