Bivins v. Bivins

Kurtz, J.,

This is an uncontested divorce case. Plaintiff charges that defendant did during the spring of 1956 wilfully and maliciously desert him. The proofs offered before the master would sustain that allegation.

However, plaintiff also testified that some time in June or July of 1959 or 1960, defendant gave birth to a male child but that the parties had not lived as husband and wife after the date of the desertion in 1956. The earliest time when the child could have been conceived would have been during August, 1958, a date *681which falls after the statutory period for the continuance of the…