COM. ex rel. WIBLE v. WIBLE

Husband and Wife — Parent and child — Support — Evidence — Justification for separation — Amount of order.

In a support proceeding, in which there was testimony that defendant abused his wife and the children, that his take home pay admittedly was $82 a week, and that he was paid additional sums by his father employer, and that defendant did not testify as to his earnings or income; and that the court below concluded that there was ample evidence to support a finding that relatrix was justified in separating herself from her husband because of his mistreatment and abuse, and that an order of $45 a week for the support and maintenance of the wife and two minor children was reasonable in the circumstances; it was Held that the order of the court below should be affirmed.

Argued December 10, 1962.