Kaufman v. Kaufman

MARIS, Circuit Judge.

The plaintiff appeals from.a judgment of the district court dismissing her complaint which sought an annulment of her marriage to the defendant on the ground of matrimonial incapacity or, in the alternative, a limited divorce from the defendant on the ground of cruelty.

At the trial the plaintiff testified that on their honeymoon the defendant refused to have sexual relations with her, that later he tried to have such relations with her but was never able to do so and that on the advice of a physician she left him a little more than four months after their marriage. The…