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MURPHY v. MURPHY (04/12/73)

decided: April 12, 1973.

MURPHY
v.
MURPHY, APPELLANT



Appeal from order of Court of Common Pleas of Montgomery County, Sept. T., 1970, No. 70-12247, in case of Barbara S. Murphy v. Robert J. Murphy.

COUNSEL

Joseph J. Murphy, for appellant.

Arthur R. Littleton, with him Frances Woerner, and Morgan, Lewis & Bockius, for appellee.

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

Author: Per Curiam

[ 224 Pa. Super. Page 460]

Order affirmed.

Disposition

Order affirmed.

Dissenting Opinion by Spaulding, J.:

I respectfully dissent.

Appellant challenges the constitutionality of the Act of May 2, 1929, P. L. 1237, § 46, as amended, 23 P.S. § 46, which allows for the payment of alimony pendente lite, counsel fees and costs to wives, but not to husbands.

[ 224 Pa. Super. Page 461]

I believe the statute to be unconstitutional for the reasons stated in the dissenting opinion in Henderson v. Henderson, 224 Pa. Superior Ct. 182, 303 A.2d 843 (1973). I would ...


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