Rosner v. Rosner

Seymour M. Litman for petitioner. Gilbert Kanter for respondent. is necessary for her development and good, as it is his duty to provide the means to effectuate that, both materially and in co-operation spiritually. There may be a moral obligation beyond that which the marital vows expressly or impliedly call for. Such an obligation, however, depends upon love and sympathy. The relationship between the parties must evoke such love and sympathy. When that because of differences goes by the board, the moral and ethical obligations fall with it. The respondent had left his home, and the question to be determined is whether the situation existing in the home amounted to a constructive abandonment of him by his spouse or whether he did abandon her. From all of the facts in the case I cannot conclude otherwise, reluctant as that may be, that the husband was justified in leaving his home; that the petitioner herein had constructively abandoned her husband because of her abandonment of the duties and obligations which she owed him and the child; moreover, because of the fact that he could no longer partake of home life because of her abandonment of the religious tenets which they espoused at the time of their marriage. Under the circumstances the respondent is required to contribute to the support of his wife and child the sum of $35 weekly, and an order to that effect is made to be effective until further order of the court. If the petitioner should in the future be able to earn her living or will earn the means of living, then the respondent may make an application for a modification of the order. In most cases a finding that the respondent is chargeable with the support of his wife on the basis of his means is just wishful thinking, for in most cases the orders made in this court are inadequate to meet even the needs of the dependents. [*] Names used herein are fictitious for the purposes of publication.