Appeal, No. 168, Oct. T., 1954, from order of the Municipal Court of Philadelphia County, Feb. T., 1954, No. 613, in case of Commonwealth of Pennsylvania ex rel. Rebecca Rovner v. Harry Rovner. Order affirmed.
William A. Kelley, Jr., with him Samuel D. Goodis, and Folz, Bard, Kamsler, Goodis & Greenfield, Philadelphia, for appellant.
H. N. Fineman, with him Morris Passon, Philadelphia, for appellee.
Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside and Ervin, JJ.
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This is an appeal by the respondent from an order of the Municipal Court of Philadelphia requiring him to pay $15 per week for the support of his wife.
The respondent contends that his wife separated herself from him without adequate legal reason and is thus not entitled to an order. Com. v. Sincavage, 153 Pa. Superior Ct. 457, 34 A.2d 266 (1943).
The trial court found from the evidence that the wife had adequate legal reason to separate from her husband. It thereupon becomes our duty to examine the record to determine whether there is sufficient evidence to sustain the judgment of the trial court or whether it is chargeable with an abuse of discretion. Com. ex rel. Sosiak v. Sosiak, 177 Pa. Superior Ct. 116, 111 A.2d 157 (1955).
The parties were married in 1908 and separated in 1941. After the separation the wife was able to maintain herself for a time by self-employment and subsequently by assistance from her children, particularly a daughter with whom she is now residing. The wife is no longer physically able to work. The daughter is unable to support her because her husband had a heart attack which has affected his earning capacity.
The record indicates that the wife requested the husband to leave the marital domicile because his mistreatment
[ 177 Pa. Super. Page 124]
of her was having an adverse effect ...