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Wilkins v. Zelichowski, 26 N.J. 370, 140 A.2d 65

Facts

The plaintiff and defendant were both domiciled in New Jersey and ran away to marry in Indiana, believing it to be the quickest option. The marriage took place on April 23, 1954, when the plaintiff was 16 years old. After returning to New Jersey, the plaintiff had a child, but the defendant was later confined to a reformatory for theft. The plaintiff filed for annulment on January 4, 1956, citing her age at the time of marriage and the lack of confirmation after reaching adulthood.

The plaintiff and the defendant were domiciled in New Jersey as were their respective parents. They ran away from New Jersey to marry and they chose Indiana because they believed ‘it was the quickest place.’

Issue

Whether the marriage of the plaintiff and defendant, conducted in Indiana while both were domiciled in New Jersey, could be annulled under New Jersey law due to the plaintiff's age at the time of marriage.

Whether the marriage between the plaintiff and the defendant, conducted in Indiana while both were domiciled in New Jersey, could be annulled under New Jersey law due to the plaintiff's age at the time of marriage.

Rule

Under N.J.S. 2A:34—1 (e), a judgment of nullity may be rendered if the wife was under 18 at the time of marriage and did not confirm the marriage after reaching that age, provided it is in the best interests of any children born from the marriage.

N.J.S. 2A:34—1 (e), which provides that a judgment of nullity may be rendered on the wife's application upon a showing that she was under the age of 18 years at the time of her marriage and that the marriage has not been ‘confirmed by her after arriving at such age’

Analysis

The court applied New Jersey's public policy against underage marriages to annul the Indiana marriage, emphasizing that the marriage was intended to evade New Jersey's laws. The court noted that both parties were domiciled in New Jersey, which had a substantial interest in the marital status of its residents. The court found that the annulment would not harm the child and would serve the best interests of the plaintiff.

The court applied New Jersey's public policy against underage marriages to annul the Indiana marriage, emphasizing that the marriage was intended to evade New Jersey's laws. The court noted that both parties were domiciled in New Jersey, which had a substantial interest in the marital status of its residents.

Conclusion

The Supreme Court reversed the lower court's decision and granted the annulment, affirming the importance of New Jersey's public policy regarding underage marriages.

The annulment will also serve the plaintiff's best interests for it will tend to reduce the tragic consequences of her immature conduct and unfortunate marriage.

Who won?

The wife prevailed in the case because the court recognized her right to annul the marriage based on her age and New Jersey's public policy against underage marriages.

The wife prevailed in the case because the court recognized her right to annul the marriage based on her age and New Jersey's public policy against underage marriages.

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