(dissenting in part)—There is a gap in the divorce statutes upon the question of alimony. Judicial legislation, while proper in fields of the common law, is not permissible upon questions of public policy which inhere in divorce legislation and its related subjects.
The constitutional separation of powers among the departments of government will be better observed by permitting the legislature to bridge the gap it left in the law.
I dissent to the affirmance of the court’s powers to award alimony and concur in the remainder of the majority opinion.
Hill, J., concurs with Mallery, J.