T. v. M.


100 N.J. Super. 530 (1968)

242 A.2d 670

T, PLAINTIFF, v. M, FALSELY CALLED T., DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided April 11, 1968.


Attorney(s) appearing for the Case

Mr. Kenneth F. Lay, for plaintiff (Spingarn & Sachs, attorneys).

Mr. Jay Krivitzky, for defendant (Schwartz, Horowitz & Krivitzky, attorneys).


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

This action to annul a marriage on the ground of impotence is a case of novel impression in New Jersey and, perhaps, in this country, in that the wife, while still a virgin, with an intact hymen, suffered a miscarriage during the marriage. The husband seeks the annulment, charging his wife with being physically and incurably impotent.

The question to be determined is whether a virgin wife, capable of procreation, can...

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