94 N.J. Eq. 7 | New York Court of Chancery | 1922
The petitioner applies for an annulment of her marriage to the defendant on the ground that it was a jest, and, therefore, invalid. The proofs do not support the allegation, and I hold the marriage to be valid, and the petition must therefore be dismissed.
Petitioner’s solicitor has applied to me to insert in the decree of dismissal a saving clause that the dismissal shall be without prejudice to the filing of a petition for divorce for desertion. I think the petitioner would have a right to seek a divorce for desertion and that the decree of dismissal would not prejudice her in that regard even without the saving clause applied for. However, in the circumstances, the decree will contain a provision that the dismissal shall be without prejudice. But this cannot operate to avoid taking out from
Decree of dismissal accordingly.