X. v. Y.


103 N.J. Super. 218 (1968)

247 A.2d 28

X, PLAINTIFF, v. Y, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided October 8, 1968.


Attorney(s) appearing for the Case

Mr. Abraham H. Carchman, for plaintiff (Messrs. Carchman, Sochor & Carchman, attorneys).

Mr. Harold J. Brown, for defendant (Messrs. Joyce and Brown, attorneys).


HARTMAN, J.C.C. (temporarily assigned).

In 1956 defendant (Y) deserted plaintiff wife (X). In 1961 she gave birth to an illegitimate child. She now seeks an absolute divorce based on the husband's desertion, a cause of action which had accrued to her in 1958. The question to be determined is whether the trial court should, sua sponte, apply the doctrine of recrimination as a bar to her action and dismiss her complaint. I have decided that the factual circumstances...

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