Kaplan v. Kaplan

By motion for judgment on the pleadings the defendant has raised the question whether an action for separation may be brought by an insane spouse through her guardian ad litem. The right to bring a matrimonial action in the civil courts is statutory. At common law only the ecclesiastical courts had jurisdiction.

The right to bring an action for separation is defined and regulated by article 69 of the Civil Practice Act and by some sections of article 70. These articles contain no express provision authorizing a guardian ad litem to bring such an action. The appellant argues that such authority…