Com. ex rel. O'Gara v. O'Gara
Decision Date | 13 June 1962 |
Citation | 198 Pa.Super. 405,181 A.2d 723 |
Parties | COMMONWEALTH ex rel. Elizabeth O'GARA v. Frank O'GARA, Appellant. |
Court | Pennsylvania Superior Court |
Frank O'Gara in pro. per.
H. Kenneth Butera, Asst. Dist. Atty., Norristown, for appellee.
Before RHODES, P. J., and ERVIN, WRIGHT, WOODSIDE, WATKINS, MONTGOMERY and FLOOD, JJ.
This is an appeal from an order of the Court of Quarter Sessions of Montgomery County, directing the appellant to pay $35 per week for the support of his wife and $25 per week for the support of his son. He does not question the order for the support of his son nor the amount of the order for the support of his wife. He contends that he is not liable for the support of his wife because she deserted him without sufficient cause.
The court below found as follows:
A husband has the duty of supporting his wife until facts appear of record which negative such duty. Kaufmann v. Kaufmann, 166 Pa.Super. 6, 11, 70 A.2d 481 (1950). It is not necessary for a wife to present ground for leaving which would entitle her to a divorce in order to receive support. Commonwealth ex rel. Rovner v. Rovner, 177 Pa.Super. 122, 111 A.2d 160 (1955); Commonwealth ex rel. DiPietro v. DiPietro, 175 Pa.Super. 18, 102 A.2d 192 (1954).
The appellant, arguing before us in propria persona, contends that the court below denied him his constitutional right to be heard by counsel. The rule concerning counsel is less strict in this kind...
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Com. ex rel. Friedman v. Friedman
...such an action the rule concerning the right to counsel is less strict than in a criminal action. See Commonwealth ex rel. O'Gara v. O'Gara, 198 Pa.Super. 405, 408, 181 A.2d 723 (1962); Commonwealth ex rel. Trichon v. Trichon, 189 Pa.Super. 395, 150 A.2d 176 (1950). The rule concerning the ......
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