Summary
holding that resumption of cohabitation and marital relations by husband and wife after entry of decree for separate maintenance of wife automatically abrogates such decree and renders order therein for payment of alimony void
Summary of this case from Scott v. ScottOpinion
Gen. No. 43,657. (Abstract of Decision.)
Opinion filed June 28, 1946 Released for publication July 13, 1946
HUSBAND AND WIFE, § 212 — resumption of marital relations as voiding separate maintenance decree. Where plaintiff filed petition for rule upon defendant to show cause why he should not be punished for contempt of court for failure to comply with decree for separate maintenance, and defendant's answer alleged that parties resumed marital relations after entry of decree which rendered decretal order null and void, held that by reason of confused nature of proceedings in trial court, cause should be remanded, and if court found defendant had proved allegations of his answer, decree would thereby become void.
See Callaghan's Illinois Digest, same topic and section number.
Appeal from the Superior Court of Cook county; the Hon. FRANK M. PADDEN, Judge, presiding.
Judgment reversed, and cause remanded with directions. Heard in the second division, first district, this court at the December term, 1945.
John D. Vosnos, for appellant;
John V. Clinnin and Samuel S. Brown, for appellee.
Not to be published in full. Opinion filed June 28, 1946; released for publication July 13, 1940.