Sec. 46b-60. (Formerly Sec. 46-55). Orders re children and alimony in annulment cases. - Connecticut Statutes

      Sec. 46b-60. (Formerly Sec. 46-55). Orders re children and alimony in annulment cases. In connection with any petition for annulment under this chapter, the Superior Court may make such order regarding any child of the marriage and concerning alimony as it might make in an action for dissolution of marriage. The issue of any void or voidable marriage shall be deemed legitimate. Any child born before, on or after October 1, 1976, whose birth occurred prior to the marriage of his parents shall be deemed a child of the marriage.

      (P.A. 73-373, S. 24; P.A. 76-265; P.A. 78-230, S. 40, 54.)

      History: P.A. 76-265 specified applicability re children born before, on or after October 1, 1976; P.A. 78-230 changed wording slightly; Sec. 46-55 transferred to Sec. 46b-60 in 1979.

      See Sec. 17b-743 re direction that payments under support order be made to Commissioner of Administrative Services or local welfare department.

      See chapter 815o re Uniform Child Custody Jurisdiction Act.

      Annotations to former section 46-28:

      "Alimony" discussed. 77 C. 31. New York marriage void for lack of consent. 119 C. 197. Consent and intent essential to afford mutuality of a valid contract existed. 136 C. 196. Where both parties to an action for annulment of a void marriage are nonresidents and the defendant is not served with process within this state, the fact that the marriage was performed within this state does not empower the court to obtain jurisdiction over the defendant by constructive service and render a judgment annulling the marriage. 142 C. 175. Superior court has jurisdiction over subject matter of annulment where plaintiff is domiciled in Connecticut whether ground relied on would make marriage voidable. 152 C. 155.

      Power and jurisdiction of court over marriage is purely statutory and must be strictly construed. 1 CS 76. Court does not have power to order alimony pendente lite in annulment proceeding. 5 CS 224. In declaratory judgment with respect to marital status where one has gone through form of second marriage, second woman not entitled to alimony pendente lite, but is entitled to allowance to defend. 9 CS 1. Legislature intended laws of state where marriage was performed relating to voidability of marriage apply. Id., 100. Deception as to osteomyelitis not reason to annul marriage. 11 CS 361. An action for declaratory judgment declaring a Conn. marriage void may be maintained in the superior court, notwithstanding that all the parties are nonresidents, where service was made in accordance with Conn. statutes. 12 CS 276. Cited. 14 CS 317. Couple married in N.Y. entitled to annulment where one was physically incapable of entering into marriage even though action in Conn. brought more than five years after marriage and would be cut off by N.Y. statute of limitations. 15 CS 77. Where agreement between parties that defendant would seek annulment six weeks after marriage annulment not warranted. Cases reviewed. 16 CS 101. Request of husband to join Roman Catholic church after marriage not basis for rendering marriage voidable. Id., 419. Does not empower courts of this state to apply the law of the state in which the marriage took place as to the legitimacy of the children of such marriage. 18 CS 474. Fraudulent premarital representation by wife that she is willing to bear children held not sufficient cause to declare marriage void. 23 CS 201. In action for annulment on grounds of invalidity of defendant's Mexican divorce from first wife, held plaintiff could not make collateral attack on validity of divorce because she had no legally protected interest which was adversely affected by the decree. Id., 275. Where defendant had no intention, at the time of the ceremony, to consummate marriage, decree of annulment was granted. 25 CS 239. Annulment is decree based on theory that marriage is void ab initio. Id. Action brought under this section seeks relief which is equitable in nature. 26 CS 260. Marriage entered into by plaintiff with defendant in New York while plaintiff was already married is bigamous and void under New York law. Hence action for annulment allowed although lawful husband of plaintiff had since died. 27 CS 342. Court has same power to award alimony in annulment cases as in divorce. 29 CS 44.

      Annotations to present section:

      Cited. 207 C. 48. Sec. 46b-56 et seq. cited. 236 C. 582.

      Cited. 41 CA 861; judgment reversed, see 241 C. 490.