Sandhu v. Sandhu

In my view, the evidence adduced in support of plaintiff husband’s application was insufficient to have warranted the entry of a divorce judgment in his favor. Notwithstanding the established principle that an appellate court should not substitute its views for those of the Trial Justice who saw and heard the litigants (Cataudella v Cataudella, 74 AD2d 893), the court in this instance failed to accord sufficient weight to the consequences which the divorce judgment would have upon defendant wife. Due to her own misconduct, she would be deprived of her right to support (Domestic Relations Law,…