Boutterie v. Demarest

126 La. 278

 

RULE:

Violence may be condoned if the married person has freely and without constraint cohabited together after recovering his liberty.

FACTS:

The ground on which the husband based his suit was that he was forced to marry the wife. The husband alleged that the wife's father coerced him to marry with threats of physical harm.

ISSUE:

Was the man coerced into marrying the daughter?

ANSWER:

No

CONCLUSION:

The court found that the husband married without objection, in so far as the evidence disclosed. The court stated that the husband began to express his willingness to marry the wife in a loud and audible voice, which was heard by witnesses who were not discredited in any way. The court noted that he did not attempt to recall this consent. The court found that the husband satisfied the clerk and the justice of the peace of his willingness to marry the wife. The court held that there were no threats proven, and it was not under impending threat that the husband and the wife lived at the home of the wife's father. The court stated that if the husband was under the power of the father and others, there was no evidence that that power was held over him after the marriage.

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