DESTITUTE OR NECESSITOUS CIRCUMSTANCES

Definition of DESTITUTE OR NECESSITOUS CIRCUMSTANCES in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DESTITUTE OR NECESSITOUS CIRCUMSTANCES

Circumstances in which one needs the necessaries of life, which cover not only primitive physical needs, things absolutely indispensable to human existence and decency, but those things, also, which are in fact necessary to the particular person left without support. State v. Waller, 90 Kan. 829, 136 P. 215, 217, 49 L.R.A.,N.S., 588.

A wife may be In "destitute or necessitous circumstances" though she is being given shelter and food by a child or by sympathizing relatives, friends, or strangers, if she does not have property or money available for such necessities or ordinary comforts of life as her husband can reasonably furnish. State v. Sharp, 111 A. 909. 910, 1 W.W. Harr., Del., 148; Brandel v. State, 161 Wis. 532, 154 N.W. 997.

Young children, without property, are in "destitute or necessitous circumstances," within the. Delaware Nonsupport Act (Rev.Code 1915, §§ 3033-3046), when the father can, but does not, and the mother cannot out of her independent means, provide for them, though the mother and children are supported by the maternal grandmother or grandfather. State v. Nelson, 114 A. 863, 864, 1 W.W. Harr. (Del.) 436; Donaghy v. State, 100 A. 696, 710, 6 Boyce (Del.) 467.

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