HARRY HUGHES, Governor                                    2169

clarity. This revision is called to the attention of
the General Assembly.

The phrase "to either party" is new language added to
conform to the Maryland Equal Rights Amendment,
Article 46 of the State Declaration of Rights.

The only other changes are in style.

11-103. SAME -- EXISTENCE OF GROUND FOR DIVORCE.

THE EXISTENCE OF A GROUND FOR DIVORCE AGAINST THE PARTY
SEEKING ALIMONY IS NOT AN AUTOMATIC BAR TO THE COURT AWARDING
ALIMONY TO THAT PARTY.

REVISOR'S NOTE: This section formerly appeared as the
second clause of the first sentence of former Article
16, § 1(a).

The only changes are in style.

11-104. SAME -- AGAINST NONRESIDENT DEFENDANT.

(A)  IN GENERAL.

IN A PROCEEDING FOR A LIMITED OR ABSOLUTE DIVORCE, THE COURT
MAY AWARD TO THE PLAINTIFF ALIMONY AS A PART OF A DECREE GRANTING
A DIVORCE OR ALIMONY PENDENTE LITE, IF:

(1)  THE BILL OF COMPLAINT ASKS FOR ALIMONY AND SAYS
THAT THE DEFENDANT OWNS PROPERTY IN THIS STATE; AND

(2)  THE COURT LACKS OR IS UNABLE TO EXERCISE PERSONAL
JURISDICTION OVER THE DEFENDANT.

(B)  LIMIT ON AWARD.

ANY ALIMONY OR ALIMONY PENDENTE LITE THAT IS AWARDED UNDER
THIS SECTION IS PAYABLE ONLY FROM THE PROPERTY REFERRED TO IN THE
BILL OF COMPLAINT OR THE PROCEEDS OF THAT PROPERTY. THE COURT
MAY PASS ANY ORDER REGARDING THE PROPERTY THAT IS NECESSARY TO
MAKE THE AWARD EFFECTIVE.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 16, §
4.

In subsection (a)(2) of this section, the phrase "the
court lacks or is unable to exercise personal
jurisdiction over the defendant" is substituted for
the former reference to a "nonresident defendant" in
light of Keen v. Keen, 191 Md. 31 (1948), in which
the Court of Appeals determined that the legislative
intent in enacting former Article 16, § 4 was to
establish quasi in rem jurisdiction over the property