Opinion
October 10, 1949.
Order of the Domestic Relations Court of the City of New York, Family Court Division, County of Kings, directing appellant to pay respondent $7 per week until further order of the court, reversed on the law and the facts and the petition dismissed. It appears that the wife receives an income; that she is not likely to become a public charge; that the grounds of the application are the means and earning capacity of the husband; and that the parties are living apart. There is no proof that the husband abandoned the wife, nor any showing that the wife offered in good faith to return to him and resume the marital status. (Cf. Becher v. Becher, 74 N.Y.S.2d 44, and Wax v. Wax, 275 App. Div. 845.) Nolan, P.J., Johnston, Adel, Sneed and Wenzel, JJ., concur.