Palmore v. Palmore

Herrmann, J.:

The question for decision is this: May a wife obtain a divorce on the ground of her nonage at the time of marriage where her petition for divorce is filed before she has attained the age of consent?

The petition alleges and the proof shows that the plaintiff was bom on May 19, 1936; that the plaintiff and the defendant were married on September 9, 1950; and that Ida E. Freeman, the mother of the plaintiff, who now brings this action as plaintiff’s next friend, gave the consent required for the issuance of the marriage license. The petition for divorce was filed on January 22,…