SINGH V. SINGH 569 A.2d 1112 (1990) CASE BRIEF

SINGH V. SINGH

569 A.2d 1112 (1990)

NATURE OF THE CASE: This was a dispute over a motion to open a judgment of annulment of a marriage. Husband (P) and wife (D) appealed a judgment that denied the parties' motion to open the judgment in which the parties sought a new ruling that their marriage, between an uncle and a niece of half-blood, did not violate Conn. Gen. Stat. 46b-21, 53a-191 which declared their marriage incestuous and therefore invalid.

FACTS: David (H) and Seoranie (W) were married in 1983 in Connecticut. They filed an annulment in that when they married they married under the mistaken belief that they were not related. In fact, they were uncle and niece. The court rendered an annulment. In 1988, both parties filed a motion to open the judgment based on the following facts; W's mother is H's half-sister, and as such W is H's half-niece and not his niece. The General Statute regarding incest does not mention half nieces and half uncles and there were no decisions on point to guide the court. H and W alleged that they were both married in California in August of 1988 and that California law does not prohibit marriages between uncles and nieces of half-blood. The trial court denied the motion and this appeal was taken.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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