Barretta v. Barretta

Action by wife for a separation. The parties were married September 4, 1938. They have a daughter born July 23, 1940. Since the birth of their child, plaintiff has refused any sexual relations with her husband unless he would use a contraceptive. She so testified on cross-examination and stated that as a result of these difficulties over marital relations, they separated, she and their child going to live with her parents, she taking the furniture and household belongings, and he living with his sister.

A wife who demands benefits under the marriage contract must prove that she is willing to…