Marc v. Marc

This is a proceeding under section 412 of the Family Court Act by a wife for support by her husband. The issue is whether respondent husband can deny any obligation of support on the basis of the invalidity of the divorce he procured from his previous wife (wife No. 1) and the consequent invalidity of his marriage to petitioner (wife No. 2).

Respondent, a Yugoslavian, was married in Yugoslavia in 1931 to wife No. 1. He came to New York in 1939, and immigration officers found him here in 1951 in cohabitation with petitioner. While respondent’s precise immigration status at that time is unclear,…