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COMMONWEALTH EX REL. HOUGH v. HOUGH. (07/21/55)

July 21, 1955

COMMONWEALTH EX REL. HOUGH, APPELLANT,
v.
HOUGH.



Appeal, No. 90, Oct. T., 1955, from order of Municipal Court of Philadelphia County, Jan. T., 1954, No. 8176, in case of Commonwealth of Pennsylvania ex rel. Helga Hedwig Hough v. John Edward Hough. Order affirmed.

COUNSEL

Paul Weinblatt, for appellant.

Herbert L. Maris, for appellee.

Before Rhodes, P.j., Hirt, Ross, Gunther, Wright, Woodside, and Ervin, JJ.

Author: Ervin

[ 178 Pa. Super. Page 485]

OPINION BY ERVIN, J.

This is a habeas corpus proceeding instituted by the mother, relatrix, to obtain custody from the father, respondent, of the three children of the parties. The Municipal Court of Philadelphia, after hearing on February 10, 1954, awarded custody of the children temporarily to the father subject to the right of the mother to have the children from 10:00 a.m. to 8:00 p.m. on Saturdays. The court stated: "This is a temporary order for about six months, to see how things work out." After a subsequent hearing on October 20, 1954, the court below ordered that the care and custody of the children and the visitation rights of the mother shall remain as fixed by the earlier order. The mother now appeals from that order.

The parties were married on July 1, 1948 in Darmstadt, Germany. About ten days later they came to

[ 178 Pa. Super. Page 486]

    the United States and moved into the home of respondent's parents at 1629 Dounton Street, Philadelphia. The parties resided with respondent's parents for approximately two years when they moved into their own home at 1646 Dounton Street, across the street from respondent's parents, where they resided until they separated in September, 1953. Three children were born of the marriage, Jack, born August 31, 1948, Shirley Ann, born October 10, 1950, and Mary Lorraine, born December 8, 1951.

In September, 1953, a few days after Labor Day, relatrix left her home taking the three children with her. She testified that she left with the children because of two beatings given her by her husband who had accused her of running around with another man named Jack Cligg. Relatrix admitted she had been introduced to Cligg and had gone out with him a few times prior to leaving her husband. When she left her husband, relatrix went with the children to the apartment of a friend, Mrs. Joyce Deussing, and she testified she was taken there by Jack Cligg, who helped her with the children and her baggage. Within two or three days the children were taken back to the respondent by Cligg. Immediately after the separation the respondent, with the children, resumed residence at the home of his parents and they have resided there since that time. Relatrix resided with Mrs. Joyce Deussing in her apartment at M and Bristol Streets in Philadelphia from the time of the separation until January, 1954 when she moved to her own apartment at 400 Vernon Road, Philadelphia, Pa. However, on December 12, 1953, at approximately four o'clock in the morning, the respondent, accompanied by police, a private detective and a photographer, entered the apartment of Jack Cligg at 8046 Walker Street in Philadelphia and found the relatrix asleep in bed with

[ 178 Pa. Super. Page 487]

Cligg. Both relatrix and Cligg were arrested. Relatrix was charged with adultery and subsequently pleaded guilty. Divorce proceedings instituted by the respondent ...


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