Grutman v. Grutman

In this action by the wife for a declaratory judgment determining that a divorce decree which the defendant obtained against her in Mexico is invalid for lack of jurisdiction and that she is still the defendant’s lawful wife, the defendant moves pursuant to subdivision 4 of rule 106 of the Rules of Civil Practice to dismiss the complaint on the ground that it does not state a cause of action.

In essence the complaint states: The parties were married in this State in 1954 and have a son now two years old, the issue of their marriage. In 1956 the plaintiff commenced an action for a separation in…