.... 1968). Where the marriage has been consummated, the fraud of defendant will entitle plaintiff to an annulment only when the fraud is of an extreme nature, going to one of the essentials of marriage. Akrep...was a "fraud as to the essentials of marriage." N.J.S.A. 2A:34-1(d). In Ysern v. Horter, 91 N.J. Eq. 189 , 110 A. 31 (Ch...respect to the "essentials" of marriage, or, to use the broader term, what is "sufficient fraud," I think remains today the subject of ascertainment in every case brought before this court in which the...

...court did not abuse its discretion when it determined annulment was not warranted because Ha did not induce Todorov to marry her by making a fraudulent misrepresentation involving the essentials of marriage. We...the essentials of marriage under RCW 26.09.040(4)(b)(i). The court denied Todorov's petition to invalidate the marriage and granted Ha's petition for...claims Ha induced him to marry her through a fraudulent misrepresentation involving the essentials of marriage. We disagree. We review a trial court's decision on a petition to...

...the "essentials of marriage," his marriage was invalid. Before addressing Age's CR 60.02 motion, we would be derelict if we did not highlight that a decree of dissolution of...is not applicable here. Finally, the court noted that even if, as Age alleges, Reid married him only for personal and financial security that is not a fraud implicating the essentials-of-marriage doctrine...enter into a marriage by force or duress, or by fraud involving the essentials of marriage; (b) A party lacks the physical capacity to consummate the marriage by...

..., going to one of the essentials of marriage. Akrep v. Akrep, 1 N.J. 268 (1949...embodied in N.J.S. 2A:34-1(d). As to what constitutes the "essentials" of the marriage relation, it has been observed that the guidelines are vague and not fully delineated by...relationship of the parties in one marriage may be of considerably less significance in another. For this reason a determination of whether a fraud goes to the essentials of the marriage must rest upon the...

...framed by the proofs in the present case are: 1. Does the physical and mental impact of addiction to narcotics (heroin) go to the essentials of the marriage relation...? 2. Where addiction to narcotics at the time of the marriage is concealed, and upon disclosure after five weeks of marriage the wife refuses to ratify same, is consummation a bar to annulment? The decisional law of New Jersey has not defined what is meant by the "essentials" of...another man at the time of her marriage was an extraordinary fraud which went to the "essentials" of the marriage. The court abstained from a delineation of the expression, merely stating (at 524) that...

...essentials of the marriage relation — the rights and duties connected with cohabitation and consortium attached by law to the marital...(Domestic Relations Law, § 10) and, as stated in Shonfeld v. Shonfeld ( supra, p. 479): "The essentials of marriage as a civil contract are...trial." The Appellate Division reversed, holding that the fraud alleged in the second cause of action was not vital to the marriage relationship. An earlier complaint had been dismissed at Special...

...infirmity or because of the influence of alcohol, drugs, or other incapacitating substances, or a party was induced to enter into a marriage by force or duress or by fraud involving the essentials of marriage; ". . . In...marriage of the parties never contained the essentials of a marital relationship." [1] As Section 40-1-402(1)(a), MCA, states, a declaration of invalidity can be entered if a...marriage or that there was fraud involving the essentials of the marriage as required by Section 40-1-402(1)(a), MCA. The District Court did not reach a legal conclusion regarding fraud. In addition, the...

..., before the statute was enacted. ( Ferlat v. Gojon, 1 Hopk. Ch. 478). The essentials of marriage as a civil contract are, therefore, (a) consent by (b) parties having statutory...capacity to give it. Any lack in those essentials makes marriage void (Dom. Rel. Law, §§ 5 and 6) or voidable (Id. § 7). If either party consents by reason of fraud there is no reality of consent. Hence...annulment. On the other hand, the fraud need not necessarily concern what is commonly called the essentials of the marriage relation...

...contract void, a marriage contract can be voided only if the nature of the fraud itself affects the essentials of the marriage. What constitutes the "essentials" of marriage cannot be expressly delineated..., for what is essential to one marriage may not be equally significant to another. Whether a fraud goes to the essentials of a marriage must be determined on the basis of the facts in an individual case...fraud, under the circumstances of this case, go to the essentials of the marital relationship, rendering it impossible for defendant to perform the duties and obligations of his marriage? In...

...capacity to marry due to want of understanding because of mental condition; there was fraud as to the essentials of marriage; and there exist reasons allowable under general equity jurisdiction to nullify...to the essentials of marriage; and has not subsequently ratified the marriage. e. The demand for such a judgment is by the wife or husband who was under the age...fraud as to the essentials of the marriage, N.J.S.A. 2A:34-1 (d); and (4) there exist equitable reasons to declare the marriage void, N.J.S.A. 2A:34-1(f). Each claim...

...its general power to annul fraudulent contracts, has jurisdiction to annul a contract of marriage for sufficient fraud' (Italics mine). What is fraud in respect to the `essentials' of marriage.... The opinion of the court was delivered by WACHENFELD, J. An annulment of an unconsummated marriage is sought by the wife...." The fraudulent concealment of pregnancy at the time of marriage was there described as "sufficient fraud," while in Crane v. Crane, 62 N.J. Eq. 21 (Ch. 1901...

...upon the very essentials of marriage, and never when the effect of its annulment is against sound public policy. The facts proved and relied on to justify and require a decree...Chancery, under its general power to annulfraudulent contracts, has jurisdiction to annul a contract of, marriage for fraud. Carris' v. Carris, 24...corroborated by the justice of the peace who performed the ceremony, who testifies that defendant then declared to him that the marriage about to take place was his first marriage. It is obvious, however...

...argues that the marriage is absolutely void pursuant to N.J.S.A. 2A:34-1d based on "fraud as to the essentials of marriage." Because the judge's ruling concerns questions of law, we owe the trial...purported marriage absolutely void. N.J.S.A. 2A:34-1d provided, in pertinent part, that "[j]udgments of nullity of marriage may be rendered in all cases, when . . . . [there is] fraud as to the essentials of...to absolutely void the marriage. In addition, there is no reason to nullify the marriage pursuant to N.J.S.A. 2A:34-1(1)d. "Fraud as to the essentials of marriage" relates...

...prominence, turned out, in fact, to be a deserter from the army in which he was an enlisted man, and a fugitive from justice, rendering him, of course, unable to conform to the various essentials of marriage in...loving wife? His fraud did not strike at any of the great essentials of marriage for which that solemn contract should be vitiated. 1 Fras. Dom. Rel. 230...is alleged that the marriage was never consummated, the wife's testimony to that effect is not sufficient to establish the fact without corroboration. 2. Before consummation of a...

...; Shonfeld v. Shonfeld, 260 N.Y. 477, 481) from the old idea that marriages can be voided only for frauds going to the essentials of marriage, that is, consortium and cohabitation, it is.... December 8, 1975 In an action to annul a marriage, the defendant husband appeals from a judgment of the Supreme Court, Kings County...marriage was obtained by fraud. Contrary to the finding by the trial court, we conclude that plaintiff failed to establish her cause of action. In order to obtain an annulment on the ground of fraud, a...

...marriages can be voided only for frauds going to the essentials of marriage, that is, consortium and cohabitation, it is, nonetheless, still the law in New York that annulments are decreed, not for any and...affirmance of a judgment annulling a marriage because of the husband defendant's alleged fraud (Domestic Relations Law, § 7, subd. 4; Civ. Prac. Act, § 1139). On March 24, 1947, in...-five years of age. They had known each other for about three months. The marriage had been urged and encouraged by defendant's younger brother who had been acquainted with plaintiff for some years...

...from the army in which he was an enlisted man, and a fugitive from justice, rendering him, of course, unable to conform to the various essentials of marriage in the event of capture by the authorities...essentials of marriage for which that solemn contract should be vitiated. 1 Fras. Dom. Rel. 230. In that contract of marriage which forms the gateway to the marriage status, the parties.... Suit by Rhoda Booth Woodward, falsely called Rhoda Booth Heiehelbech, against Emile Heiehelbech, for annulment of marriage. On exception to master's report. Exceptions overruled...

..., 61, from the old idea that marriages can be voided only for frauds going to the essentials of marriage, that is, consortium and cohabitation, it is, nonetheless, still the law in New York that...Judge. This action was brought by appellant for the annulment of her marriage on the ground of fraud. The alleged fraud was concealment by the husband at the time of marriage of his...." Appellant reminded him of their discussion prior to marriage concerning children and appellee said he thought then that he could change her mind once they were married. At this time appellant told...

...agents; or where there was a lack of mutual assent to the marital relationship; duress; or fraud as to the essentials of marriage; and has not subsequently ratified the marriage. [N.J.S.A. 2A:34-1...delivered by SULLIVAN, J. Plaintiff Jossline Faustin was denied an annulment of her marriage to Maurice Lewis based upon a trial court ruling that she was guilty of "unclean hands" and...violation of the immigration and naturalization laws. One of the counts specifically referred to defendant's marriage to plaintiff. Reverend Brown was named in the indictment as an unindicted co-conspirator...

...of parties capable in law of making a contract is essential." So it was, too, before the statute was enacted. ( Ferlat v. Gojon, 1 Hopk. Ch. 478.) The essentials of marriage as a civil...individual may have given consent to the marriage is an adequate basis for annulment. On the other hand, the fraud need not necessarily concern what is commonly called the essentials of the marriage relation...contract are, therefore, (a) consent by (b) parties having statutory capacity to give it. Any lack in those essentials makes the marriage void (Dom. Rel. Law, §§ 5 and 6) or voidable (Id. § 7...