105 N.J. Eq. 144 | N.J. Ct. of Ch. | 1929
This matter is before me on exceptions to special master's report, rule 113. The parties in interest were married February 2d 1927, at which time the petitioner, Thelma Riesen, was under the age of sixteen years. She filed her petition herein November 1st, 1928, at which time she was of the age of seventeen years and six months. The master reported that the marriage was never sexually consummated, and that it was not confirmed by the petitioner after she attained the *145
age of sixteen years. When the marriage was entered into the law provided for a decree of nullity of marriage, at the suit of the wife — "when she was under the age of sixteen years at the time of the marriage, unless such marriage be confirmed by her after arriving at such age." P.L. 1907 p. 474 § 1 subdiv. 5. The master reported adverse to the petitioner and recommended that her petition be dismissed on the ground that she had instituted her suit before she had reached the age of eighteen years. He based his determination upon P.L. 1928 p. 139 § 1 subdiv. 5, amending P.L. 1907 p. 474, supra, whereby the age was changed to eighteen instead of sixteen years, and also upon the case of Palmer v. Palmer, 80 Atl. Rep. 486. Said case, in my judgment, is inapplicable to the case sub judice. The petitioner's legal right to disaffirm her marriage, and to institute a suit for the annulment of the marriage, vested in her when she attained the age of sixteen years. The fact that she did not exercise her right to institute her suit until six months after she was authorized to do so is inconsequential. That an amendatory act takes effect only from the time of its passage and approval (where the act provides it shall take effect immediately), and has no application to prior transactions, unless an intent to the contrary is expressed in the act or is clearly to be implied from its provisions, is demonstrated by the decision of our present chancellor (then vice-chancellor) In reSt. Michael's Church,
The exceptions to the master's report, in so far as said report recommends a dismissal of the petitioner's petition, should be sustained. A decree nisi should be entered in favor of the petitioner. I will advise a decree accordingly. *147