Golden v. Arons, M--626

• Decision Date: 24 June 1955
• Docket Number: No. M--626,M--626
• Citation: 36 N.J.Super. 371,115 A.2d 639
• Parties: Sydelle GOLDEN, otherwise known as Sydelle Golden Arons, Plaintiff, v. Ernest ARONS, Defendant. . Chancery Division
• Court: New Jersey Superior Court

Page 371

36 N.J.Super. 371

115 A.2d 639

Sydelle GOLDEN, otherwise known as Sydelle Golden Arons, Plaintiff, v. Ernest ARONS, Defendant.

No. M--626.

Superior Court of New Jersey Chancery Division.

June 24, 1955.

Ira J. Katchen, Long Branch, attorney for plaintiff.

Julius J. Golden, Long Branch, attorney for defendant.

NIMMO, J.C.C. (temporarily assigned).

Plaintiff filed four complaints. The first complaint was filed on October 9, 1953 for annulment of the marriage. The final amended complaint was filed February 3, 1955 in three counts. The first count alleging fraud in substance is for annulment; the second count is for divorce on the ground of desertion; the third count is for divorce on the ground of extreme cruelty. The first two counts were abandoned by plaintiff leaving the third count for extreme cruelty to be adjudicated. Defendant denies each count and does not counterclaim.

The parties were married on May 12, 1950. One child, a girl, was born of the marriage, now four years of age.

Both parties were brought up in the Jewish faith. They were married by a magistrate and a month later were married by a rabbi. On June 15, 1951 defendant entered the armed service and went to Korea. Shortly before defendant left for Korea the child Linda was born. Until defendant's departure they lived as a normal Jewish couple, attending Jewish affairs and observing Jewish holy days and dietary laws. While in Korea defendant became friendly with a Roman Catholic chaplain and became interested in the Catholic faith. Upon defendant's return to the United States he told his wife of his conversion to Catholicism and charged her with being an unfit mother because she would not bring their child up in the faith he had embraced. Before he left for Korea he knew that he had what is termed a kosher home that observed all Jewish dietary laws. Upon his return he belittled all Jewish observances. On days recognized by Jewish people as holy days, he flaunted them. On the Day of Atonement he would turn on the radio in their home as loud as it would be possible and caused great unnecessary noise. He called plaintiff on many occasions in the presence of others a 'lousy Jew' and an unfit mother. He became obsessed with his new-found religion and cut his wife off from all her Jewish friends and acquaintances. His discussion of religion became a daily occurrence. Defendant knew that all through their married life his wife was a religious, orthodox Jewess, and very active in Jewish social and charitable organizations, as he was himself until his conversion to Catholicism. Plaintiff is a college graduate of fine sensibilities. While his wife slept he would put a small chain about her neck with a medal in an effort to make her wear it. Observing the parties on the witness stand under examination and cross-examination it became apparent that defendant was determined to convert his wife to his way of thinking no matter what happened. He did state at one time that he would become a Jew again, but it did not appear sincere and further it was not his wife's wish that he return to his former religion but only leave her alone in the religion of her choice that had been his too. The plaintiff it was admitted...