[DOWNLOAD] "Dorothy Gilbert Eckstrom v. Lawrence J" by Supreme Court of New Hampshire ~ eBook PDF Kindle ePub Free

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• Title: Dorothy Gilbert Eckstrom v. Lawrence J
• Author : Supreme Court of New Hampshire
• Release Date : January 05, 1953
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

This case raises the issue of whether it is a jurisdictional requirement in an action seeking separate maintenance that the
plaintiff be domiciled in this state at the commencement of the action. "Chancery courts have never been considered to have original jurisdiction either of divorces, or of petitions by a wife `to
require a settlement, or provide for maintenance." Veino v. Veino , 96 N.H. 439, 440; Parsons v. Parsons, 9 N.H. 309, 336;
Cf. Baker v. Baker, 90 N.H. 307. So far as authority to grant separate maintenance exists in this state, it is confined to
the situations stated in the statute. R. L., c. 339, s. 29, as amended by Laws 1949, c. 240, s. 2. It is there provided that
"whenever a cause is in existence which is, or if continued will be, a cause for divorce, the superior court, upon petition
and such procedure thereon as in divorce cases, may restrain either party from interfering with the personal liberty of the
other and from entering the tenement wherein the other resides, may grant temporarily or permanently the custody, care, education
and maintenance of their minor children, if any, and may make reasonable allowance for support, all subject to such limitations
and conditions as the court shall deem just. " The right of a wife to seek some type of relief looking to her support, other
than through an action for divorce, has existed in this state since 1840. Laws 1840, c. DLXXIII, s. 4. One basis for the granting
of such relief has always been the existence of a cause which is, or if continued will be, a cause for divorce. In 1887, the
rights of a petitioning wife were expanded (Laws 1887, c. 103) to permit the granting of relief when a husband failed without
just cause to furnish suitable support for his wife, or deserted her, or whenever the wife for cause was actually living apart
from her husband, all without reference to a matured or unmatured cause for divorce. In the 1891 revision of the statutes,
this added right was intentionally omitted. Comm'rs' Rep., 1891, c. 175, s. 4. The right to seek separate support, except
in the case of insanity, was then confined to situations in which there is in existence a cause which is, or if continued
will be, a cause for divorce. P. S., c. 176, s. 4. It has continued to be so limited since that time.

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