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M v. M
Citations: 342 Mass. 773; 172 N.E.2d 240; 1961 Mass. LEXIS 849
Court: Massachusetts Supreme Judicial Court; February 7, 1961; Massachusetts; State Supreme Court
Decree affirmed; a decree nisi was issued on the husband's libel for divorce due to the wife's impotency, leading to the dismissal of the wife's petition for separate support. The wife appealed both decisions. The marriage occurred on November 3, 1957, and the divorce petition was filed on October 8, 1959. The judge found that the wife was incapable of copulation due to congenital physical abnormalities, a condition unknown to the husband at the time of marriage. This condition is deemed incurable. Precedents cited include S-v. S., Merrill v. Merrill, Mutter v. Mutter, Fehr v. Fehr, Singer v. Singer, and Donati v. Church. The principle of condonation or ratification does not apply in this case. Legal representation included Max Singer and S. Boy Bernar for the libellee, and Nyman H. Kolodny and Daniel J. Connors for the libellant.