05/11/2022
𝗚𝗿𝗼𝘂𝗻𝗱𝘀 𝗳𝗼𝗿 𝗔𝗻𝗻𝘂𝗹𝗺𝗲𝗻𝘁 𝗼𝗳 𝗠𝗮𝗿𝗿𝗶𝗮𝗴𝗲 𝘂𝗻𝗱𝗲𝗿 𝘁𝗵𝗲 𝗙𝗮𝗺𝗶𝗹𝘆 𝗖𝗼𝗱𝗲
𝟭. 𝗟𝗮𝗰𝗸 𝗼𝗳 𝗣𝗮𝗿𝗲𝗻𝘁𝗮𝗹 𝗖𝗼𝗻𝘀𝗲𝗻𝘁 - Art. 45(1) that the party in whose behalf it is sought to have the marriage annulled was eighteen years of age or over but below twenty-one, and the marriage was solemnized without the consent of the parents, guardian or person having substitute parental authority over the party, in that order, unless after attaining the age of twenty-one, such party freely cohabited with the other and both lived together as husband and wife.
𝟮. 𝗨𝗻𝘀𝗼𝘂𝗻𝗱𝗻𝗲𝘀𝘀 𝗼𝗳 𝗠𝗶𝗻𝗱 – Art. 45(2) that either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.
𝟯. 𝗖𝗼𝗻𝘀𝗲𝗻𝘁 𝘄𝗮𝘀 𝗼𝗯𝘁𝗮𝗶𝗻𝗲𝗱 𝗯𝘆 𝗙𝗿𝗮𝘂𝗱 – Art. 45(3) that the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife.
𝘼𝙣𝙮 𝙤𝙛 𝙩𝙝𝙚 𝙛𝙤𝙡𝙡𝙤𝙬𝙞𝙣𝙜 𝙘𝙞𝙧𝙘𝙪𝙢𝙨𝙩𝙖𝙣𝙘𝙚𝙨 𝙨𝙝𝙖𝙡𝙡 𝙘𝙤𝙣𝙨𝙩𝙞𝙩𝙪𝙩𝙚 𝙁𝙧𝙖𝙪𝙙:
a. Non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude;
b. Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
c. Concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or
d. Concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
Note: No other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.
𝟰. 𝗖𝗼𝗻𝘀𝗲𝗻𝘁 𝘄𝗮𝘀 𝗼𝗯𝘁𝗮𝗶𝗻𝗲𝗱 𝗯𝘆 𝗙𝗼𝗿𝗰𝗲, 𝗜𝗻𝘁𝗶𝗺𝗶𝗱𝗮𝘁𝗶𝗼𝗻, 𝗼𝗿 𝗨𝗻𝗱𝘂𝗲 𝗶𝗻𝗳𝗹𝘂𝗲𝗻𝗰𝗲 – Art. 45(4) that the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife.
𝟱. 𝗜𝗺𝗽𝗼𝘁𝗲𝗻𝗰𝗲 – Art. 45(5) that either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable; or
𝟲. 𝗦𝗲𝗿𝗶𝗼𝘂𝘀 𝗮𝗻𝗱 𝗜𝗻𝗰𝘂𝗿𝗮𝗯𝗹𝗲 𝗦𝗲𝘅𝘂𝗮𝗹𝗹𝘆 𝗧𝗿𝗮𝗻𝘀𝗺𝗶𝘀𝘀𝗶𝗯𝗹𝗲 𝗗𝗶𝘀𝗲𝗮𝘀𝗲 – Art. 45(6) that either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable.
