2.6 Voidable Marriage

A voidable marriage is valid until annulled by decree at the aggrieved party's petition: Grounds (the consent-and-capacity family): fraud (concealment of decisive facts — impotence, a subsisting marriage concealed, false identity); coercion/force; impotence or incurable non-consummation; the wife's pre-marriage pregnancy by another man undisclosed; mental incapacity at the time of marriage; Limitation windows: the Code prescribes short statutory periods running from knowledge of the ground or from the marriage — the annulment must be sought within the window; otherwise the marriage stands; Who may petition: only the aggrieved party (contrast void: anyone with interest); Consequences of annulment: the marriage treated as void from the decree (or from the start, per the relief granted); children's legitimacy protected; the innocent party's maintenance in defined cases. The exam table — void vs. voidable: Point Void Voidable Existence None from the start Valid until annulled Who challenges Any interested party Only the aggrieved spouse Decree Not needed (declaration available) Required, within the limitation window Typical grounds Bigamy, prohibited degrees, child marriage Fraud, coercion, impotence, concealed pregnancy