A writ of habeas corpus may be procured by 1 spouse living apart from the other, without being divorced, to determine the proper custody or charge of a minor child of the marriage, and orders may be made thereon, as provided by § 705 of Title 13 [repealed].
16 Del. Laws, c. 477, § 1; Code 1915, § 4495; Code 1935, § 4947; 10 Del. C. 1953, § 6904; 70 Del. Laws, c. 186, § 1.