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]

 

 

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