| Alimony. | |
|---|---|
| What is alimony. | ALIMONY, in Latin alimonia, signifies nourishment of maintenance; and, in a legal sense, is taken for that allowance which a married woman sues for, and is entitled to, upon any occasional separatin from her husband. |
| Concerning a divorce. | Where a woman is divorced a mensa & thora, she may sue her husband in her own name for alimony, or maintenance out of the husband's estate, during the separation, either in the Chancery or Spiritual Court, and it will be allowed, except it be in cases of elopement and adultery. 1 Inst. 235. |
| Of suing for alimony | But the Spiritual Court is the proper court to sue in for alimony; for the not allowing a wife a maintenance, is not an offence within the statute of 1 Eliz. but a neglect of the husband's duty, and a breach of his vow. 12 Rep. 30. |
| Husband beating a wife. | A man may be sued in the the Spiritual Court for beating his wife, and he may be ordered to pay her so much per week alimony: but a prohibition has been granted by the court of King's Bench in such a case; and the wife may have sureties of the peace for unreasonable beating her. T. 11. Jac. 1. Mo. 874. |
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