Lamberti v. Lamberti

FOURT, Acting P. J.

This is an appeal from a judgment which granted to plaintiff an annulment of her marriage to defendant.

Plaintiff and defendant met each other sometime during the very latter part of December 1965. Defendant had come to the United States (apparently from Italy) as a visitor only, and since the time allowed had expired, he was required by the immigration authorities to leave this country before the end of January 1966. Defendant’s immigration problem was such that it could have been settled and solved had he married a citizen of the United States. His status thereby would have changed and ultimately he could have become a permanent resident. Plaintiff had never been married before.

The parties agreed to marry each other. In order to forestall the deportation of defendant, the parties agreed that they would enter into a civil ceremony on January 22, 1966, and that at about Easter, in April 1966, they would be wedded in a religious ceremony in the Roman Catholic Church

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to which both belonged. It was further understood that the plans for the later church wedding ceremony would be made sometime in February 1966. The parties were to go to the priest and to take such steps as were necessary under the circumstances. It was also agreed and understood that until the church ceremony occurred the parties would not cohabit or live together as man and wife—that the marriage would not be consummated until after the church wedding. Plaintiff ascertained from representatives of the church that the procedure as indicated was not violative of any rule of the church and that the religious wedding could properly follow the civil ceremony as contemplated.

Immediately following the civil ceremony (on the same day), the parties started the procedural steps with the immigration authorities to avoid the deportation of defendant. As this was done, defendant’s ardor seemed noticeably to cool toward plaintiff. He refused to go to the church or to the priest to make any arrangements for the religious ceremony ;. he would come to see plaintiff only when someone would pick him up and take him to the home of plaintiff’s parents where plaintiff resided. When a little later on however, there were indications that the immigration authorities were making an investigation of defendant’s situation, he quickly made arrangements to occupy a room at the home of plaintiff’s parents to the end that it would appear to the investigators that plaintiff and defendant were living together as husband and wife which in fact they were not. When defendant believed that the investigation was completed he removed himself from the home and continued to evade any plans to complete the religious ceremony. The parties never lived together as husband and wife, defendant never contributed anything to the support and maintenance of plaintiff—the marriage was never consummated. Admittedly plaintiff would not have participated in the civil ceremony had defendant not agreed and promised to enter into the Catholic Church wedding at a later date.