Villafana v. Villafana

In this action for divorce the defendant counterclaimed for annulment on the ground that the marriage was void because the plaintiff had a husband living and undivorced at the time of contracting the union (Civ. Prae. Act, §§ 1132, 1134; Domestic Relations Law, § 6).

The plaintiff’s reply in effect admitted that she was the wife of another when she married the defendant, but claimed that the defendant had full knowledge of the fact and induced the plaintiff by false representations to believe that she was free to marry him.

The complaint in the action was withdrawn and only the counterclaim for…