Page:United States Statutes at Large Volume 76A.djvu/773

–677– -677§ 72. Voidable marriages (a) A marriage celebrated in the Canal Zone after December 29, 1926, is voidable if: (1) either party thereto, at the time of the marriage, is an idiot or is insane; (2) the consent of either party thereto was procured by force or fraud; (3) either party thereto is, at the time of the marriage, incapable, from physical cause, of entering into the marriage state; (4) because of the age of either party thereto, a written consent under section 2 of this title was required, and the marriage was celebrated without such consent; or (5) at the time of the marriage, the male is under 17 or the female is under 14 years of age. (b) A voidable marriage is valid until it is annulled by judicial decree as of the date of such decree. § 73. Annulment of marriage celebrated elsewhere (a) A marriage celebrated outside the Canal Zone may be declared void or annulled in the same manner and with the same effect as though it had been celebrated in the Canal Zone if the petitioner has resided in the Canal Zone within a period of 30 days before and a period of 30 days after the date of the marriage. (b) A marriage celebrated outside the Canal Zone may be declared void or annulled by an action instituted by the United States attorney for the Canal Zone in the name of the Government of the Canal Zone. § 74. Jurisdiction of annulment actions; parties (a) The district court has jurisdiction of an action to have a marriage declared void or annulled. (b) An action to have a marriage declared void or annulled may be instituted: (1) in the case of a male person under 21 or a female person under 18 years of age, through a next friend or by a parent or guardian; and (2) in the case of an idiot or an insane person, through a next friend. (c) An action to have a marriage declared void or annulled may not be instituted by a person who, when fully capable of contracting marriage, entered into the marriage willfully and with knowledge of the circumstances rendering the marriage voidable. (d) An uncontested action to have a marriage declared void or annulled shall be heard in open court. § 75. Legitimacy of children of void or annulled marriages; custody and support The issue of a void marriage is legitimate. A judgment of nullity of marriage does not affect the legitimacy of children conceived or born before the judgment, and, during the pendency of the action, or at the time judgment is rendered or at any time thereafter, the court may make such order for the custody, care, education, maintenance and support of the children during their minority as it deems necessary or proper. § 76. Effect of judgment of nullity A judgment of nullity of marriage is conclusive only as against the parties to the action and those claiming under them.

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