Todaro v. Todaro

The plaintiff commenced this action against the defendant on February 6, 1923, to annul her marriage with the defendant on the ground of her non-age. The defendant failed to appear or answer. Subdivision 1 of section 7 of the Domestic Relations Law, as amended by chapter 313, Laws of 1922, which became effective September 1, 1922, provides that “ non-age shall not of itself constitute an absolute right to the annulment of such marriage, but such annulment shall be in the discretion of the court, which shall take into consideration all the facts and circumstances surrounding such marriage.” It…