580-22 Nonage. An action to annul a marriage on the ground that one of the parties was under legal age, may be brought by the parent or guardian entitled to the custody of the minor, or by any person admitted by the court to prosecute as the friend of the minor. In no case shall the marriage be annulled on the application of a party who was of legal age at the time it was contracted; nor when it appears that the parties, after they attained the legal age, had for any time freely cohabited as man and wife. [CC 1859, 1314; am L 1903, c 22, 2; RL 1925, 2956; RL 1935, 4451; RL 1945, 12202; RL 1955, 324-2; HRS 580-22; am L 1973, c 211, 5(j)]

 

Case Notes

 

Once nonage spouse dies no ground to annul such marriage. 6 H. 289 (1881).

Suit should be in name of minor by parent or guardian or in name of parent and minor made defendant. 7 H. 219 (1888); 7 H. 278 (1888).

 

 

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