It is a familiar rule in this jurisdiction that the power of the Superior Court to award custody of minor children and to
make provisions for the support of the wife and the children is wholly statutory, and that the court has no independent equity
jurisdiction. Kennard v. Kennard, 81 N.H. 509; Salta v. Salta, 80 N.H. 218; Guggenheimer v. Guggenheimer, 99 N.H. 399. The
authority of the Superior Court to make orders for the custody and maintenance of minor children where the parents are living
apart, as in this case, is granted by RSA 458:35. "Support of children.In cases where husband and wife are living apart the
court, upon petition of either party, may make such order as to the custody and maintenance of the children as Justice may
require; and all appropriate provisions of this chapter shall apply to such proceedings." This is a valid statute. Benjamin
v. Benjamin, 99 N.H. 117, 118. As was pointed out in Trow v. Trow, 95 N.H. 529, the court may make orders for custody and
maintenance of the minor children, where the parents are living apart, although the divorce is denied. See Powell v. Powell,
97 N.H. 301. In the present case it is clear that the wife was a resident of this state, that she is living apart from her husband, that
the children are within the jurisdiction of this state and under RSA 458:35 the court has authority to make orders for custody
and support of the children even though the divorce is denied or the proceedings temporarily halted. Anno. 151 A. L. R. 1380
; 2 Nelson, Divorce and Annulment (2d ed. 1960 supp.) s. 15.34, p. 220. See Walker v. Van Der Haas, 102 N.H. 166, 169.
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