November 17, 1949. James W. Scott for plaintiff. David E. Sallah for defendant. GREENBERG, J. In this action for separation brought by the wife on grounds of nonsupport and cruel and inhuman treatment, I find that the plaintiff has established her case by a fair preponderance of the credible evidence. Before, however, a judgment of separation may be awarded her, it is necessary to consider the defense that a decree of divorce granted by a German court in an action between the plaintiff and her former