173 Pa. Super. 1 | Pa. Super. Ct. | 1953
Opinion by
Joseph Cellucci has appealed from the dismissal of his petition to modify an order of support entered March 20, 1950, wherein he was ordered to pay $25 per week for the support of his wife and child. Appellant sought to have his wife removed from the order on the ground that she left the marital domicile without legal justification.
A determination of the wife’s right to support culminating in the order of March 20, 1950, is not before this Court. No appeal was taken from that order and is thus res adjudicata as to the wife’s right to support at that time. Commonwealth ex rel. Soprani v. Soprani, 160 Pa. Superior Ct. 542, 52 A. 2d 234; Commonwealth ex rel. Spitalny v. Spitalny, 167 Pa. Superior Ct. 520, 76 A. 2d 489. The petition to modify, the dismissal of which forms the basis of the present appeal, is the third such petition filed by appellant. Two previous petitions were dismissed “without prejudice” for the reason that the court below was attempting to effect a reconciliation. A court-room reconciliation, by way of experiment or trial, was accomplished by Bonnelly, J., on May 10, 1951, and the parties moved into an apartment on June 16, 1951. On August 9, 1951, the relatrix left the common home. No support was paid by appellant from May 10, 1951, until June 16, 1951,
Eelatrix had legal and justifiable cause for leaving her husband following their unsuccessful attempt at reconciliation, the bona fides of which the court be
Order affirmed.