1. MARRIAGE AND DIVORCE — Meretricious Relationship — Commonlaw Marriage. Where the relationship between a man and woman is meretricious, it affords no basis for a common-law marriage.
2. DIVORCE AND ALIMONY — No Marriage — Actions. Where there is no evidence of a marriage between parties, an action for divorce instituted by one of them is properly dismissed.
By MR. CHIEF JUSTICE BAKKE, MR. JUSTICE STONE and MR. JUSTICE ALTER.
At the trial, the court dismissed plaintiff's action for divorce based on cruelty. She prosecutes this writ to reverse an adverse judgment.
[1, 2] The undisputed evidence is that the initial relationship between plaintiff and defendant was meretricious and there is no competent evidence that it was changed. This cannot be the basis for a common-law marriage. No ceremonial marriage was ever performed. Under these circumstances the trial court was right in dismissing the action.
The judgment is affirmed.