2006 New York Code - Action For Judgment Declaring Nullity Of Void Marriages Or Annulling Voidable Marriage.



 
    §  140.    Action  for judgment declaring nullity of void marriages or
  annulling voidable marriage. (a)   Former husband or wife  living.    An
  action  to  declare  the nullity of a void marriage upon the ground that
  the former husband or wife of one of the parties was living, the  former
  marriage  being  in  force,  may  be maintained by either of the parties
  during the life-time of the other, or by the former husband or wife.
    (b)  Party under age of consent.  An action to annul a marriage on the
  ground that one or both of the parties had not attained the age of legal
  consent may be maintained by the infant, or  by  either  parent  of  the
  infant,  or  by  the  guardian  of the infant's person; or the court may
  allow the action to be maintained by any person as the  next  friend  of
  the infant.  But a marriage shall not be annulled under this subdivision
  at  the  suit of a party who was of the age of legal consent when it was
  contracted, or by a party who for any time after he or she attained that
  age freely cohabited with the other party as husband or wife.
    (c)  Party a mentally retarded person or  mentally  ill  person.    An
  action to annul a marriage on the ground that one of the parties thereto
  was  a mentally retarded person may be maintained at any time during the
  life-time of either party by any relative of a mentally retarded person,
  who has an interest to avoid  the  marriage.    An  action  to  annul  a
  marriage  on  the  ground that one of the parties thereto was a mentally
  ill person may be maintained at any time during the continuance  of  the
  mental  illness,  or, after the death of the mentally ill person in that
  condition, and during the life of the other party to  the  marriage,  by
  any relative of the mentally ill person who has an interest to avoid the
  marriage.    Such  an  action may also be maintained by the mentally ill
  person at any time after restoration to a sound mind; but in that  case,
  the  marriage  should  not  be  annulled  if it appears that the parties
  freely cohabited as husband and wife after the mentally ill  person  was
  restored  to a sound mind.  Where one of the parties to a marriage was a
  mentally ill person at the time of the marriage, an action may  also  be
  maintained  by the other party at any time during the continuance of the
  mental illness, provided the  plaintiff  did  not  know  of  the  mental
  illness  at the time of the marriage.  Where no relative of the mentally
  retarded person or mentally ill person brings an  action  to  annul  the
  marriage  and the mentally ill person is not restored to sound mind, the
  court may allow an action for that purpose to be maintained at any  time
  during  the life-time of both the parties to the marriage, by any person
  as the next friend of the  mentally  retarded  person  or  mentally  ill
  person.
    (d)  Physical incapacity.  An action to annul a marriage on the ground
  that  one  of  the parties was physically incapable of entering into the
  marriage state may be maintained by the injured party against the  party
  whose  incapacity is alleged; or such an action may be maintained by the
  party who was incapable against the other party, provided the  incapable
  party was unaware of the incapacity at the time of marriage, or if aware
  of  such  incapacity, did not know it was incurable.  Such an action can
  be maintained only where an incapacity continues and is  incurable,  and
  must be commenced before five years have expired since the marriage.
    (e)  Consent by force, duress or fraud.  An action to annul a marriage
  on  the  ground  that  the  consent  of  one  of the parties thereto was
  obtained by force or duress may be maintained at any time by  the  party
  whose  consent  was  so obtained.   An action to annul a marriage on the
  ground that the consent of one of the parties thereto  was  obtained  by
  fraud  may  be  maintained  by  the  party whose consent was so obtained
  within the limitations of time for enforcing a civil remedy of the civil
  practice law and rules.  Any such action may also be  maintained  during
  the  life-time  of the other party by the parent, or the guardian of the
  person of the party whose consent was so obtained, or by any relative of
  that party who has an interest to avoid the marriage, provided  that  in
  an  action  to  annul  a  marriage on the ground of fraud the limitation
  prescribed  in  the  civil  practice  law and rules has not run.   But a
  marriage shall not be annulled on the ground of force or  duress  if  it
  appears  that,  at  any  time before the commencement of the action, the
  parties thereto voluntarily cohabited as husband and  wife;  or  on  the
  ground of fraud, if it appears that, at any time before the commencement
  thereof,  the parties voluntarily cohabited as  husband and wife, with a
  full knowledge of the facts constituting the fraud.
    (f)  Incurable mental illness for five years.   An action to  annul  a
  marriage  upon  the  ground  that  one of the parties has been incurably
  mentally ill for a period of five years or more may be maintained by  or
  on behalf of either of the parties to such marriage.

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