This support proceeding under section 412 of the Family Court Act presents the issue of whether a wife's refusal to enagage in marital sexual relations justifies her husband's desertion from the marital home and failure to support her. As respondent contends, a wife's refusal to have marital sexual relations has been held to constitute abandonment entitling the husband to a judgment of separation. (See Diemer v. Diemer,
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MATTER OF HAY v. HAY
67 Misc.2d 50 (1971)
In the Matter of Edith Hay, Petitioner, v. Alan Hay, Respondent.
Family Court, New York County.https://leagle.com/images/logo.png
July 27, 1971
July 27, 1971
Attorney(s) appearing for the Case
Family Court, New York County.
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