Page:United States Statutes at Large Volume 47 Part 1.djvu/1160

 1136 CROSS REFERENCE Property resorted to in executing this section, see secti on 102. SEC. 95. WHEN Bud. IS TAKEN AS CONFESSED ; DEFAULT .If the bill is taken as confessed, the court shall proceed to hear the cause by exam- ination of witnesses in open court, and in no case of default shall the court grant a divorce unless the judge is satisfied that all proper means have been taken to notify the defendant of the pendency of the suit and that the cause of divorce has been fully pr oven by c ompetent evidence. Whenever the district judge is satisfied that the interests of the defendant require it, the court may order such additional notice as equity may seem to require. (Act Cong . Sept . 21, 1922, c. 370, † 16, 42 Stat. 1010.) Ma int ena nce rdivorce hu e- hand where divorce de- SEC. 96. M AINT ENAN CE BY HU SBAN D WH ERE DIVO RCE DENIED .-Though nied. judgment of divorce is denied, the court may, in an action for divorce, provide for the maintenance by the husband, of the wife and children of the marriage, or any of them. Post, p. 113& When bill is taken as confessed ; default. Vol .42, p.1010. Post, P .1137. Poet, p. 1128. Action for mainte- nance. Ante, p. If= 72d C ONGRESS. SESS. II. CH. 128 . F EBRUA RY 27, 193 3. Custody,et suit d hli° SEC. 93. CUSTODY AND CARE OF CHILDREN PENDING SUIT .-The court dren pendin g suit . may, on the application of either party, make such order concerning the custody and care of the minor children of the parties during the Vol.42,p. 1010. pendency of the suit as may be deemed expedient and for the benefit of the children. (Act Cong . Sept. 21,1922,e . 370, † 17,42 Stat. 1010 .) Alimony. SEC. 94. ALIMONY PENDING surf.-In all cases of divorce the court may require the husband to pay to the wife or pay into court for her use during the pendency of the suit such sum or sums of money as may enable her to maintain or defend the suit ; and in every suit for divorce, the wife when it i s just an d equitab le, shall be entit led to alimony during the pendency of the suit. And in case of appeal or writ of error by the husband, the district court may grant and enforce Vol. 42, p .1010 . the payment of such money for her defense and such equitable alimony during the pendency of the appeal or writ of error as to the cou rt sha ll see m reas onable and p roper. (Act. Cong. Sept . 21, 1922, c . 370, † 20, 42 Stat. 1010 .) CROSS REFERENCES Alimony generally, see section 101. Property resorted to in executing this section, see section 102. SEC. 97. ACTION FOR PERMANENT SUPPORT OF wIFE .-When the hu s- band willfully deserts the wife or when the husband willfully fails to provide for the wife or when the wife has any cause of action for divorce as provided in section 60, she may, without applying for divorce, maintain in the district court an action against him for per- manent s upport an d mainten ance of h erself o r of hers elf and c hildren. During the pendency of such action the court may, in its discretion, requi re the husba nd to pay as alimo ny any money necess ary fo r the prosecution of the action and for support and maintenance, and execution may issue therefor in the discretion of the court. The courtp in granting the wife permanent support and maintenance of herself, or of herself and children, in any such action, shall make the same disposition of the community property as would have been made if the marriage had been dissolved by the decree of a court of com- petent jurisdiction. The final judgment in such action may be enforced by. the court by such order or orders as in its discretion it may from time to time deem necessary, and such order or orders may be varied, altered, or revoked at the discretion of the court.