Wagner v. Wagner

Opinion by

Rhodes, J.,

Respondent appeals from a decree of the court below which annulled her marriage with the libellant on the ground that when the marriage took place she had a husband living, from whom she had not been divorced, and 'consequently was incapable of entering into a valid, legal marriage.

Since the effective date of the Divorce Code of May 2, 1929, P. L. 1237 (Secs. 12, 15), either party may apply for a decree declaring a bigamous marriage null and Void. The right is no longer limited to “an innocent or injured party”. See Mannoni v. Mannoni, 144 Pa. Superior Ct. 605, 20 A. 2d…