De Freitas v. De Freitas

ASHBURN, J. pro tem. *

Plaintiff husband brought this action praying (1) for a decree that, because of defendant wife’s cruelty, he “may live separate and apart from the defendant” and (2) for exclusive custody of the child of the marriage, alleged to be then in his custody. The wife, in addition to answering, filed a cross-complaint for annulment on grounds of her nonage and plaintiff’s fraudulent inducement of the marriage. She alleged the child to be in the joint custody of the parties and prayed that custody be awarded to her. The child was in fact in the custody of the plaintiff. Each…