Kelsey v. Kelsey

Headnote

Husband and wife — divorce ■ — • when husband not entitled to divorce on ground of adultery of unfe where she marries and cohabits with another after obtaining foreign divorce which is invalid here.

Kelsey v. Kelsey, 204 App. Div. 116 , affirmed.

Appeal from a judgment, entered January 4, 1923, upon an order of the Appellate Division of the Supreme Court in the fourth judicial department, reversing a judgment in favor of plaintiff entered upon a decision of the court on trial at an Equity Term and directing a dismissal of the complaint. The action was brought, husband against wife, to procure an absolute divorce on the ground that the wife after procuring a divorce in a foreign state had married another in that state and both

returning here had lived together as husband and wife. The Appellate Division held that plaintiff was not entitled to divorce because he, himself, had remarried after his wife obtained her divorce.