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.

July 27, 1971


Attorney(s) appearing for the Case

Norman M. Sheresky for petitioner. Hyman & Harris (Alvin I. Goidel of counsel), for respondent.


NANETTE DEMBITZ, J.

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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