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More About This Law

Law Summary

A marriage can be declared void if either of the two persons is physically impotent.

Full Text of the Law

Chapter 51.
Marriage
ARTICLE 1.
General Provisions. 51-3.

Want of capacity; void and voidable marriages. All marriages between any two persons nearer of kin thanfirst cousins, or between double first cousins, or between a maleperson under 16 years of age and any female, or between a femaleperson under 16 years of age and any male, or between persons either of whom has a husband or wife living at the time of such marriage, or between persons either of whom is at the time physically impotent, or between persons either of whom is at the time incapable of contracting from want of will or understanding, shall be void. No marriage followed by cohabitation and the birthof issue shall be declared void after the death of either of the parties for any of the causes stated in this section except for bigamy. No marriage by persons either of whom may be under 16 years of age, and otherwise competent to marry, shall be declared void when the girl shall be pregnant, or when a child shall have been born to the parties unless such child at the time of theaction to annul shall be dead. A marriage contracted under are presentation and belief that the female partner to the marriage is pregnant, followed by the separation of the parties within 45 days of the marriage which separation has been continuous for a period of one year, shall be voidable unless a child shall have been born to the parties within 10 lunar months of the date of separation.

(R.C., c. 68, ss. 7, 8, 9; 1871-2, c. 193, s. 2;Code, s. 1810; 1887, c. 245; Rev., s. 2083; 1911, c. 215, s. 2;1913, c. 123; 1917, c. 135; C.S., s. 2495; 1947, c. 383, s. 3; 1949, c. 1022; 1953, c. 1105; 1961, c. 367; 1977, c. 107, s. 1.)


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