Bigelow v. Bigelow

Plaintiff seeks a divorce on the grounds of abandonment pursuant to section 170 (subd. [2]) of the Domestic Relations Law. There is no appearance by the defendant. The parties were married on November 24, 1962, and the defendant • husband left plaintiff without cause on September 9, 1964.

*377In the course of her testimony plaintiff stated that she gave birth to a child on May 25, 1966. Although she gave the child the defendant’s name, there was ample proof that the defendant was not the father.

There are two issues raised by this line of testimony: (1) Can an adultery by the plaintiff which occurs…