Roger v. Roger

William R. Brennan, Jr., J.

This is an action for anaulihent of marriage for fraudulent failure to procreate.

Plaintiff wife, after an eight-month engagement, was married to defendant husband in December, 1953. This action was commenced in September, 1959, shortly before the sixth wedding anniversary. Not once in this period does it appear that the parties had sexual relations without the use of contraceptives. The parties are alleged to have separated in June of 1957, but the proximity of the husband’s apartment to the home of his mother-in-law at which plaintiff is alleged to have lived for…