Superior Court of Pennsylvania, 1973

Murphy v. Murphy

Murphy v. Murphy
Superior Court of Pennsylvania · Decided April 12, 1973 · Spaulding, Hoffman
224 Pa. Super. 460; 303 A.2d 838; 1973 Pa. Super. LEXIS 1930

Murphy v. Murphy

Opinion of the Court

Opinion

Per Curiam,

Order affirmed.

Dissenting Opinion

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 hus*461bands. I believe the statute to be unconstitutional for the reasons stated in the dissenting opinion in Senderson v. Henderson, 224 Pa. Superior Ct. 182, 303 A. 2d 843 (1973). I would therefore reverse the order of the court below.

Hoffman, J., joins in this dissenting opinion.

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