PART II. 
ANNULMENT



 



§580-21  Grounds for annulment.  The
family court, by a decree of nullity, may declare void the marriage contract
for any of the following causes, existing at the time of the marriage:



(1)  That the parties stood in relation to each other
of ancestor and descendant of any degree whatsoever, brother and sister of the
half as well as the whole blood, uncle and niece, aunt and nephew, whether the
relationship is the result of the issue of parents married or not married to
each other;



(2)  That the parties, or either of them, had not
attained the legal age of marriage;



(3)  That the husband had an undivorced wife living,
or the wife had an undivorced husband living;



(4)  That one of the parties lacked the mental
capacity to consent to the marriage;



(5)  That consent to the marriage of the party
applying for annulment was obtained by force, duress, or fraud, and there has
been no subsequent cohabitation; and



(6)  That one of the parties was a sufferer of or
afflicted with any loathsome disease and the fact was concealed from, and
unknown to, the party applying for annulment. [CC 1859, §1313; am imp L 1866, p
3; rep L 1870, c 10; ree L 1876, c 48; am imp L 1870, c 24, §1; rep L 1872, c
23, §2; am imp L 1872, c 23, §1; am L 1903, c 22, §1; RL 1925, §2955; RL 1935,
§4450; am L 1935, c 184, §1; RL 1945, §12201; am L 1949, c 53, §29; RL 1955,
§324-1; am L 1957, c 72, §1; am imp L 1965, c 232, §1; HRS §580-21; am L 1980,
c 43, §1; am L 1984, c 119, §2; am L 1997, c 52, §8]



 



Attorney General Opinions



 



  Uncle and niece by adoption not disqualified to intermarry. 
Att. Gen. Op. 62-49.



 



Case Notes



 



  Marriage voidable, not void, of girl under fourteen.  6 H.
289.



  Requires proper allegation.  7 H. 219.



  Proper parties.  7 H. 278.



  Nonassent of a party to marriage is not a statutory ground
for annulment.  8 H. 77.



  Insufficiency of evidence on ground of nonage.  8 H. 360.



  Held that failure to procure license, ground for annulment. 
25 H. 397, rev'g 16 H. 377.



  Enumeration of grounds does not deprive court of jurisdiction
to annul a marriage on some other ground.  26 H. 89; 29 H. 770, 795.



  Presumption that marriage was valid; burden on libellant to
prove incompetency.  29 H. 716.



  Trial court erred in deciding that wife was entitled to
prevail on her divorce claim and second husband was not entitled to prevail on
his annulment claim where certified copy of judgment of divorce presented
undisputed evidence that when wife married second husband, wife had prior
lawful living husband and thus did not satisfy the requirement of §572-1(3). 
108 H. 459 (App.), 121 P.3d 924.



  Sections 572-1, 580-1, and this section must be read
together; only the family court can declare void a marriage obtained by force,
duress, or fraud, and it cannot do so where there has been subsequent
cohabitation.  112 H. 131 (App.), 144 P.3d 579.