Grounds for nullifying a marriage

Grounds for nullifying a marriage "My live-in partner is still married to his wife from whom he has been separated for two years now. They have four children, but my partner believes he did not that father the two youngest children. Can my live-in partner file an annulment case on the ground that his wife has children with another man? What if his wife does not want to sign the annulment papers, can the court still proceed to hear and decide on the case?Racquel Dear Racquel,Under Article 45 of the Family Code, a marriage can only be annulled on any of the following causes, existing at the time of the marriage: (1) That the party in whose behalf it is sought to have the marriage annulled was 18 years of age or over but below 21, 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 21, such party freely cohabited with the other and both lived together as husband and wife(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) 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(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) That either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable or(6) That either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. (85a)Your live-in partner cannot file a case to have his marriage with his wife annulled on the ground that his wife has children with another man since it is not one of the grounds mentioned under Article 45 of the Family Code. However, he may use such ground to have his marriage declared null and void under Article 36 of the Family Code or on the ground of the psychological incapacity of the wife.Article 36 of the Family Code provides that “a marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.” The essential marital obligations of marriage include the right of the husband and the wife to live together, observe mutual love, respect and fidelity, and render mutual help and support. The court will declare the marriage of your live-in partner with his wife null and void if the former would be able to prove that his wife’s psychological illness is grave, incurable and existing at the time of their marriage.Under the Family Code, marriage can only be dissolved through either annulment or declaration of nullity of marriage. In both cases, the petitioner should file the necessary petition for annulment or petition for declaration of nullity of marriage. The respondent, who is the petitioner’s spouse, is not required to sign any document. However, if he/she wants to controvert the allegations in the petition, he/she may do so by filing the necessary answer within 15 days from receipt of such petition.If the respondent does not file an answer, the court, where the petition is filed, shall proceed to dispose the case according to the petition itself and the pieces of evidence submitted by the petitioner.We hope that we have answered your queries. We wish to remind you that the above legal opinion is solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when other facts are changed or elaborated.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/