Divorce — Fraud, force or coercion — Sufficiency of force — Consent to ceremony — Burden of proof — Fraudulent representations as to pregnancy — Sexual relations before marriage — Act of May 2, 1929, P. L. 1237.
1. Under section 10(g) of the Divorce Law of May 2, 1929, P. L. 1237, the innocent spouse may obtain a divorce on the ground that the other spouse procured the marriage by fraud, force or coercion.
2. Force and coercion are synonymous terms, and the only kind of force sufficient as a ground for a divorce is such force as would naturally raise in the mind a fear of bodily harm, or actual imprisonment.
3. It is essential that threats relied upon be such as would overpower the judgment and coerce the will.
4. The burden is on the libellant to establish that he consented to the marriage ceremony by reason of fear induced by force or coercion.
5. Where one who is threatened has an opportunity to avail himself of such protection as the law affords, he is bound to do so.
6. Under the express terms of section 10(g) of the Act of 1929, where there has been a subsequent confirmation of the marriage, a libellant cannot avail himself of the ground that the other spouse procured the marriage by fraud, force or coercion.
7. Where a man has sexual relations with a woman before their marriage, he may not obtain a divorce on the ground that the marriage was procured by fraudulent representations of the woman that she was pregnant as a result of their intercourse.
Appeals — Review — Evidence — Divorce proceeding — Absence of jury trial.
8. Where a divorce case is tried by the lower court without a jury, it is the duty of the appellate court to read and consider all the testimony and arrive at an independent judgment upon the merits.
Argued October 13, 1936.
PER CURIAM, November 23, 1936:
Decree affirmed on the opinion of the Superior Court, which appears in 115 Pa. Super. 1.