Zawadsky v. Zawadsky

The complaint seeks a declaratory judgment to the effect that the defendant is not the plaintiff’s wife, that no valid marriage was ever contracted by them, and that the children are, nevertheless, legitimate.

The pleading, however, alleges definitely that “ no marriage was ever contracted between plaintiff and defendant, either ceremonial or by implication.” If this be so, the mere cohabitation of the parties obviously could not give rise to a relationship of husband and wife and the children would be illegitimate. The mere fact that the defendant may be holding herself out as the wife of the…