Klosner v. Klosner

This case presents the unusual situation of a husband seeking a divorce in the face of an existing decree of divorce previously obtained by the wife. For the purpose of maintaining his action, the plaintiff husband is necessarily claiming that the decree previously obtained by the wife, a foreign decree, is invalid, hence the marital status between them remains. The defendant wife is maintaining the validity of the foreign decree and challenging the existence of any marital relationship with the plaintiff. The wife’s application for a counsel fee to defend the action has been denied upon the…