Aufort

Suit for annulment of marriage. Plaintiff alleges in his complaint that he and defendant, his wife, were married on March 10, 1930, and that prior to that time defendant had been committed to the Sonoma State Hospital as a feeble-minded person. He further alleges that defendant fraudulently concealed this fact from him and also the further fact that she was sterilized in the Sonoma State Home on March 16, 1919; that he first learned of these facts on or about the first day of July, 1932, and never since has cohabited with the defendant. The prayer of the complaint seeks a decree of annulment of the marriage. Defendant failed to answer the complaint and her default was taken and entered. A judgment for decree of annulment was denied by the court. This is an appeal from such judgment.

The sole question here involved is whether the fraud alleged entitles plaintiff to the relief which he seeks. Fraud is a generic term embracing many varying forms of deception and it may be actively pronounced or brought about by disingenuous silence. While courts should be slow to disregard the rights following marriage, as to annul the same is a harsh remedy, still in an extreme case such as is here…