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COMMONWEALTH EX REL. YOUNG v. YOUNG (11/14/68)

decided: November 14, 1968.

COMMONWEALTH EX REL. YOUNG, APPELLANT,
v.
YOUNG



Appeal from order of Court of Quarter Sessions of Montgomery County, June T., 1963, No. 191, in case of Commonwealth ex rel. Miriam J. Young v. Michael Young.

COUNSEL

I. Leonard Hoffman, with him Ettinger, Poserina, Silverman, Dubin, Anapol & Sagot, for appellant.

N. Hurowitz, with him Jack A. Rounick, and Moss and Rounick, for appellee.

Wright, P. J., Montgomery, Jacobs, Hoffman, and Spaulding, JJ. (Watkins and Hannum, JJ., absent). Opinion by Hoffman, J.

Author: Hoffman

[ 213 Pa. Super. Page 515]

This is an appeal by Mrs. Miriam J. Young from an order of the lower court vacating an earlier order for support.

[ 213 Pa. Super. Page 516]

These parties have a long history in the courts of Montgomery County. Part of this history is recounted in our earlier opinion at 207 Pa. Superior Ct. 440, 217 A.2d 857 (1966), in which we affirmed an order of the lower court refusing to vacate a support order.

Subsequent to that opinion, on February 21, 1967, Mr. Young filed a petition to vacate the order on the ground that the court had lost jurisdiction of the parties. After a hearing on March 21, 1967, the petition was dismissed. During this hearing, Mr. Young testified that he had procured a Mexican divorce, and had remarried a woman with whom he was living in New Jersey.

On November 9, 1967, Mr. Young filed another petition seeking to vacate the support order, to remit arrearages, and to secure a refund of the money already paid. This petition was based upon an allegation that Mrs. Young had committed adultery on October 26, 1967. A full hearing was held on May 9, 1968. Based on the evidence adduced at that hearing, the court found as fact that Mrs. Young had committed adultery.

The law in such cases is that the only sufficient cause justifying a husband's refusal to support his wife is conduct on her part which would be a valid ground for divorce. Commonwealth v. Crabb, 119 Pa. Superior Ct. 209, 180 A. 902 (1935); Commonwealth ex rel. Brobst v. Brobst, 173 Pa. Superior Ct. 171, 96 A.2d 194 (1953); Commonwealth v. Levitz, 189 Pa. Superior Ct. 438, 150 A.2d 581 (1959). Since adultery would constitute such sufficient cause, the lower court vacated the support order and remitted all arrearages arising since the date of the adultery.

On appeal, the wife argues that the lower court failed to give weight to all aspects of our divorce law. She contends that ...


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