H and W were married in 1989. H and W made a deal that W did not need to have children. As such, they were married under those terms. H then refused to engage in any type of sexual intercourse with W with contraception. This suit was for an annulment of the marriage in that H committed fraud to an essential element of a marriage contract; he possessed a preconceived, uncommunicated determination at the time of the marriage to have children in the face of an express agreement with W not to have children.

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