Harding v. Harding

Citations

• 144 Ill. 588
• 21 L.R.A. 310

Syllabus

<p>1. Separate maintenance—alimony—pendente lite. It is no objection to the allowance of suitable alimony to a wife pending her bill for a separate maintenance, that the husband denies the facts alleged by her; but the court may, if it deems it necessary, enter into a sufficient examination of the case, to determine the good faith of the complainant' in exhibiting her bill, which will ordinarily be confined to an inspection of the pleadings, of which the court may require verification. And the court will, in the exercise of its judicial discretion, make or withhold the allowance as it shall appear that the wife has or has not shown a meritorious cause, and is or is not proceeding in good faith.</p> <p>2. Same— wife, entitled, to support pending her suit. In a divorce or separate maintenance suit, while the matters in issue are being litigated, the wife will be presumed to be entitled to support until it is shown by the result of the trial that her claim is forfeited. This rule grows out of the duty of the husband to maintain and support his wife and protect her from oppression and wrong. The statute authorizes the court to give provisional alimony in addition to the award of a sum to enable the wife to employ counsel and meet the expenses of the litigation.</p> <p>3. The same reason exists why a wife, who is living apart from her husband without fault, shall receive that reasonable support that he is bound by law to provide her pending her bill for maintenance, that exists when she sues for divorce. It is the intention of the statute to place bills by a wife for separate maintenance and bills for divorce upon the same footing in this respect.</p> <p>4. Same—amount of temporary alimony. Whether an allowance shall be made or not in the nature of temporary alimony rests in the judicial discretion of the court, to be exercised in view of the conditions and circumstances of each case, and an abuse of the discretion is necessarily subject to review. Unless, however, there