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T v. M

Citations: 100 N.J. Super. 530; 242 A.2d 670; 1968 N.J. Super. LEXIS 609

Court: New Jersey Superior Court Appellate Division; April 11, 1968; New Jersey; State Appellate Court

Narrative Opinion Summary

In this case, the court was tasked with determining whether a husband's marriage could be annulled on the grounds of his wife's impotence, despite her being a virgin capable of procreation. The couple had married in 1964 but faced persistent issues with consummation due to the wife's inability to allow penetration, leading to a 'splash pregnancy.' Medical experts diagnosed the wife with vaginismus, a psychological condition resulting in impotence. Under New Jersey law, as outlined in N.J.S. 2A:34-1, impotence unknown to the spouse at the time of marriage constitutes grounds for annulment. The court found that the husband's lack of knowledge of the condition, combined with his efforts to seek medical help, justified the annulment. The court emphasized that even though the wife could theoretically procreate, the inability to consummate the marriage met the definition of impotence. The decision was informed by expert testimony and medical literature, which supported the diagnosis of a psychogenic condition preventing penetration. The annulment was granted, reflecting the court's adherence to statutory provisions and public policy favoring the legitimacy of children from annulled marriages.

Legal Issues Addressed

Definition of Impotence in Annulment Cases

Application: The court accepted expert testimony that an intact hymen and the inability to allow penetration due to psychological factors like vaginismus met the legal definition of impotence.

Reasoning: Dr. Burnett...concluded that the wife is impotent, defining impotency as the inability to perform the sexual act, specifically the inability to allow penetration.

Impotence as Grounds for Annulment under N.J.S. 2A:34-1

Application: The court determined that impotence, defined as the inability to perform the sexual act due to vaginismus, constituted grounds for annulment in this case, as the husband was unaware of the condition at the time of marriage.

Reasoning: In New Jersey, impotence constitutes grounds for marriage annulment, as outlined in N.J.S. 2A: 34-1, which allows annulment if one party was physically and incurably impotent and the other party was unaware at the time of marriage.

Pregnancy Without Penetration

Application: The court acknowledged medical testimony supporting the possibility of pregnancy occurring without penetration, which did not negate a finding of impotence in the context of annulment.

Reasoning: He confirmed that a pregnancy could occur without penetration, characterizing it as a 'splash pregnancy.'

Statutory Basis for Annulment Without Allegations of Fraud

Application: The husband's action for annulment was based on statutory grounds rather than fraud, as impotence was unknown at the time of marriage and not concealed.

Reasoning: If impotence was unknown at the time of marriage, the annulment is pursued statutorily, without allegations of fraud.