120 Misc. 807 | N.Y. Sup. Ct. | 1923
The plaintiff commenced this action against the defendant on February 6, 1923, to annul her marriage with the defendant on the ground of her non-age. The defendant failed to appear or answer. Subdivision 1 of section 7 of the Domestic Relations Law, as amended by chapter 313, Laws of 1922, which became effective September 1, 1922, provides that “ non-age shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court, which shall take into consideration all the facts and circumstances surrounding such marriage.” It appears from the testimony in this case that the plaintiff was married to the defendant almost three years ago by a clergyman of the faith in which she had been brought up. The ceremony was performed with the knowledge and consent of the plaintiff’s mother, her father having died some years before. At the time of the marriage plaintiff stated she was nineteen years old. On the trial both plaintiff and her mother testified that plaintiff was then only fourteen years of age. She has the appearance of a mature woman. It is apparent from the evidence that the false statement of plaintiff’s age was willfully
Ordered accordingly.