Wednesday, July 25, 2012

No sex marriage

Today, one of our listeners asked a question regarding the marriage of a cousin.

The scenario is that the cousin has a husband who can not engage in sex. The cousin was not aware of the husband's defect prior to the marriage and the defect, reading from the question, appears incurable.

The question is what case can she file?

Article 45 par (5) comes into mind. I told the her that her cousin can file a petition for annulment.

The article mentioned provides that  if "either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable" is a ground for annulment.


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