Art. 45. A marriage may be annulled for any of the following causes, existing at the time of the marriage:
(3) That the consent of either party was obtained by fraud, unless such party afterwards, with full knowledge of the facts constituting the fraud, freely cohabited with the other as husband and wife;
(4) That the consent of either party was obtained by force, intimidation or undue influence, unless the same having disappeared or ceased, such party thereafter freely cohabited with the other as husband and wife;
Art. 46. Any of the following circumstances shall constitute fraud referred to in Number 3 of the preceding Article:
(2) Concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband;
Please help me..
My wife and i been married for 3 years, She had a baby already with another guy before kami ikasal. Nagkahiwalay kami at kumabit sya sa iba, pinalayas ako, mayaman sila kaya wala ako magawa. Now she gave birth, im sure na hindi akin yun kasi naghiwalay kami. I know his boyfriend and she also tells na hindi akin yun. Naging battered husband ako kasi ayaw ko malayo sa anak namin..
1. Is this ground for annulment?
2. With her case, pwede ko ba makuha yung custody kasi shes not pyschologically fit to be a mother.
3. Aplyido ko ba gagamitin ng anak nya sa iba?
I know na need ng DNA test, im willing to pay for that.
I just want to know if napatunyan ko na di sakin un, pwede na ba ako magfile ng annulment.
Thanks to anyone will reply