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Pollino v. Pollino

Decided: February 24, 1956.


Mariano, J.s.c.


Plaintiff, Roy Pollino, filed a complaint for divorce against his wife, Dagmar Pollino, alleging adultery commencing in August of 1953 and running to January 8, 1954. Defendant's answer denied the alleged adultery and, as a separate defense, stated that plaintiff had been guilty of such misconduct as to disentitle him to relief, and that defendant comes into court with unclean hands.

Plaintiff, prior to his marriage to the defendant, had been married to one Mabel Devoe in March 1919. While the marriage to Mabel Devoe Pollino was in full force and effect, plaintiff committed adultery with his present wife, Dagmar Pollino, who was then 17 years of age and rendered her pregnant. Thereafter, on May 24, 1921, the plaintiff bigamously married the defendant, Dagmar Pollino, in Richmond County, New York, and lived with her continuously as man and wife until October 1946.

In the affidavit for license to marry executed by the plaintiff in New York in May 1921 (at the time of plaintiff's marriage to the defendant), Roy Pollino, though living in Perth Amboy, New Jersey, falsely swore that his place of residence was 142 Main Street, Tottenville, New York. In said affidavit, Roy Pollino further falsely swore that the proposed marriage to the defendant was his first marriage; he also perjuriously swore that he had no former wife living or dead at the time; and he further stated falsely "that no legal impediment existed as to the right of the applicants to enter into the marriage state."

On November 11, 1921 Raymond Roy Pollino was born to the parties to this suit.

On January 16, 1932 plaintiff, while continuing to cohabit with the defendant, sought to remove the impediment of the valid subsisting marriage to Mabel Devoe Pollino. Roy

Pollino filed a petition for divorce in the Court of Chancery of New Jersey on the ground of desertion. Mabel Devoe Pollino did not contest the suit.

In his testimony in support of the suit for divorce against Mabel Devoe Pollino, Roy Pollino swore that Mabel Devoe Pollino left him on March 20, 1920, one year after the marriage. Roy Pollino further testified in the hearing for divorce from Mabel Devoe Pollino that he sought out his then wife on the following morning (March 21, 1920) at which time she refused to return to him. In the said hearing Roy Pollino testified that he solicited Mabel's return one or two days thereafter (March 22 or 23, 1920), again without success. Thereafter, Roy Pollino testified in the divorce proceeding against Mabel Devoe Pollino that some five years later (1925) he again asked Mabel Devoe Pollino to return, and again his advances were repulsed. At the time of this alleged solicitation in 1925 Roy Pollino was actually living with Dagmar Pollino and his child, Roy, Jr., born of Dagmar Pollino, at Jacques Street, Perth Amboy, New Jersey.

As a result of this testimony by Roy Pollino a decree nisi was advised in favor of Roy Pollino and against Mabel Devoe Pollino on October 20, 1932.

On July 12, 1933 Roy Pollino again went through a ceremonial marriage with the defendant Dagmar Pollino; this time the ceremony was performed in the Borough of Brooklyn, New York. On the occasion of this second marriage to Dagmar Pollino the plaintiff once again falsely swore. This time he swore that he was residing at 299 Central Avenue, Jersey City, New Jersey, when in fact he was continuing to reside with the defendant, Dagmar Pollino, at Jeffries Street, Perth Amboy, New Jersey.

The parties continued to reside together thereafter until October 1946. Plaintiff, Roy Pollino, had testified in the case at bar that a few years prior to 1947 he discovered that his wife, Dagmar Pollino, had a propensity for consorting with other men. Roy Pollino left his wife in 1946 and in 1947 instituted divorce proceedings (Docket No. 161/462) charging his wife with adultery alleging the same to have been

committed in the latter part of January 1946 and continuing to the early part of February 1946, in West Palm Beach, Florida, and at various other times and places. Roy Pollino admits that he continued to live with her as man and wife until October 1946.

The defendant, Dagmar Pollino, in answer to the divorce proceedings instituted against her in 1947, denied the alleged adultery and filed a counterclaim for divorce alleging adultery having been committed by Roy Pollino at various times and places.

On December 13, 1948 Roy Pollino withdrew his petition for divorce; Dagmar Pollino withdrew her counterclaim.

From October 1946 until the present time the parties have not resided together. Roy Pollino admits that he made no effort to restrain his wife from consorting with ...

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