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