DIEMER v. DIEMER


8 N.Y.2d 206 (1960)

William Diemer, Appellant, v. Gilberte Diemer, Respondent.

Court of Appeals of the State of New York.

Decided July 8, 1960.


Attorney(s) appearing for the Case

Leonard M. Leiman for appellant.

Anthony F. LoFrisco and William D. Sullivan for respondent.

Judges DYE, FROESSEL, VAN VOORHIS and FOSTER concur with Judge FULD; Chief Judge DESMOND dissents in an opinion in which Judge BURKE concurs.


FULD, J.

The question on this appeal is whether a wife's repudiation of the validity of her marriage and her refusal to have sexual relations with her husband unless he submits to a remarriage in a church of her religious faith entitle the husband to a decree of separation.

Mr. and Mrs. Diemer were married in 1947. He was a Protestant, 41 years of age, she a Roman Catholic, a year younger. Having anticipated...

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