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HENDERSON v. HENDERSON (03/27/73)

decided: March 27, 1973.

HENDERSON
v.
HENDERSON, APPELLANT



Appeal from order of Court of Common Pleas, Family Court Division, of Philadelphia, June T., 1970, No. 6858, in case of Barbara Ann Henderson v. Theodore H. Henderson.

COUNSEL

Peter C. Paul, with him Carl D. Buchholz, and Rawle & Henderson, for appellant.

No oral argument was made nor brief submitted for appellee.

Wright, P. J., Jacobs, Hoffman, Spaulding, Cercone, and Packel, JJ. (Watkins, J., absent.) Dissenting Opinion by Spaulding, J. Hoffman and Cercone, JJ., join in this dissenting opinion.

Author: Per Curiam

[ 224 Pa. Super. Page 182]

The six judges who heard this appeal being equally divided, the order is affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant Theodore H. Henderson appeals from an order of the Court of Common Pleas of Philadelphia,

[ 224 Pa. Super. Page 183]

Family Court Division, directing him to deposit security for payment of costs in this divorce action.

The facts are undisputed.*fn1 Appellee Barbara Ann Henderson filed a complaint in divorce to which appellant filed an answer. Appellee petitioned for alimony pendente lite, counsel fees, and costs. By agreement, the rule for counsel fees was made absolute in the sum of $200, the balance of the rule being continued until further notice. The master appointed by the court conducted two master's meetings and then filed a rule upon the parties to show cause why a reasonable sum should not be deposited as security for additional master's fees.*fn2 A similar petition was filed by the stenographer. The court directed both parties to submit statements of income and assets and, subsequent to their being filed,*fn3 entered an order directing appellant to deposit $500 as security for additional master's fees and $100 as security for additional stenographer's charges.

Appellant's principal contention is that § 46 of The Divorce Law, Act of May 2, 1939, P. L. 1237, § 46, as amended, 23 P.S. § 46, violates the Equality of Rights Amendment to the Pennsylvania Constitution, by providing that wives, but not husbands, may be allowed reasonable alimony pendente lite, ...


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