Hay v. Hay

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, 8 N Y 2d 206, 210; Mirizio v. Mirizio, 242 N. Y. 74, 80.)

Despite some conflict in petitioner’s and respondent’s versions of their marital history, the essential facts are…