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WIFE v. HUSBAND

270 A.2d 180 (1970)

WIFE, Plaintiff, v. HUSBAND, Defendant.

Court of Chancery of Delaware, New Castle.

October 7, 1970.

Attorney(s) appearing for the Case

William E. Wiggin, of Richards, Layton & Finger, Wilmington, for plaintiff.

Husband, pro se.

DUFFY, Chancellor:

This is an action for separate maintenance by a wife (plaintiff) against her husband (defendant).1 The single issue for decision is whether proof of "destitute and necessitous" circumstances is jurisdictionally necessary before plaintiff is entitled to an order for her own support. Defendant says that his wife has earned income of about $9,000 annually and she is therefore not in destitute and necessitous circumstances...

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