§580-26 - Lack of mental capacity.

§580-26  Lack of mental capacity.  The
marriage of a person who lacked the mental capacity to consent to the marriage
may be annulled on the application of either party, or on the application of a
guardian of the party who lacked such capacity; but in such case, no sentence
of nullity shall be pronounced if it appears that the parties freely cohabited
as husband and wife after the party who lacked such mental capacity attained
the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903,
c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS
§580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2]