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posible ground or not?

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1 posible ground or not? on Wed Jan 23, 2013 6:08 pm

raheemerick


Reclusion Perpetua
a 21 years old woman got married on a 19 years old man.. (1999) according to the woman, she really dont love the man. she just accept to marry him because during her school days, halos yung parents nung guy ang gumagastos sa kanya for school etc..etc.. until mka graduate ng college yung girl. after a 3 or 4 years living together, they blessed to have a 2 chldren. but after that. the girl run away together with her daughter now is 11 years old. for some reasons he left her husband. the girl told me she choose to run away and leave this guy because she really dont love this guy and she cant never learn it. almost 7 to 10 years silang wlang comunication. now this girl wants and wish to have a legal separation. or if posible na ground ba yung napilitan lng sya dahil s apag tanaw ng utang na loob sa magulang nong lalake kya sya nag pakasal dito. kailanagan pba ng presence nung lalake sa court if mag file ng legal separation ang babae? or mag file ng declaration of nulity ng kasal nila kung titingnnan as ground yung pag papakasal nya sa lalake ng dahil lng sa pag tanaw ng utang na loob?

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2 Re: posible ground or not? on Wed Jan 23, 2013 7:49 pm

concepab


Reclusion Perpetua
I think the court will not accept her ground.

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3 Re: posible ground or not? on Wed Jan 23, 2013 8:03 pm

raheemerick


Reclusion Perpetua
Sad danun ba? sus.. sadyang wla yta kami mahanap na ground ah:( its a loveless mariage naman kase talaga yun.. how about yung nung time na mag kasama sila eh nag ka afair yung guy sa iba at nka buntis pa? well i just hope ma i justify yan ng gf ko. and another thing is.. naka sandal lng sa poder ng magulang yung lalake. unico impakto kse. though may work naman as trafic patola enforcer:) anyway idol concepab. since mas ma alam ka sa gantong usapin.? bka naman ma advice mo ako what to do to setle evrything. except naman dun sa alast coment mo na "stop seeing each other" ka windang naman yun. pinaguho mo pangarap namin.. hehehehe. any advice will be appriciate.. Smile run and hide, lack of comunication between her and the x-husband, for almost a decade na. ano pa pwde mamngayri at gawin to for me and her para maging maayus ang lahat sa amin. Smile

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4 Re: posible ground or not? on Wed Jan 23, 2013 9:31 pm

jd888


moderator
Kaibigang raheemerick, I checked your other posts on other Forums, they seem to be interesting. Now, for your concern, I might just add at that here are the grounds for Annulment and Legal Seperation for your checking and self-validation if your Gf's Situation is applicable:

You may as well Check the Family Code, go to the Library because I don't have that book here at my place; on our thesis it says something like "In a Period of Ten Years" a couple who have not seen each other is deemed candidate for nullification of marriage, but I cannot validate it due to no source or text.

GROUNDS for ANNULMENT:

1. Lack of parental consent in certain cases. If a party is 18 years or over, but below 21, and the marriage was solemnized without the consent of the parents/guardian. However, the marriage is validated if, upon reaching 21, the spouses freely cohabited with the other and both lived together as husband and wife.

2. Insanity. A marriage may be annulled if, at the time of marriage, either party was of unsound mind, unless such party after coming to reason, freely cohabited with the other as husband and wife.

3. Fraud. 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. Fraud includes: (i) non-disclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; (ii) concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; (iii) concealment of sexually transmissible disease or STD, regardless of its nature, existing at the time of the marriage; or (iv) concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage. However, no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage.

4. Force, intimidation or undue influence. If the consent of either party was obtained by any of these means, except in cases wherein the force, intimidation or undue influence having disappeared or ceased, the complaining party thereafter freely cohabited with the other as husband and wife.

5. Impotence. At the time of marriage, either party was physically incapable of consummating the marriage with the other, and such incapacity continues and appears to be incurable. Impotence is different from being infertile.

6. STD. If, at the time of marriage, either party was afflicted with a sexually-transmissible disease found to be serious and appears to be incurable. If the STD is not serious or is curable, it may still constitute fraud (see No. 3 above).

AND Here are for Legal Seperation:

1. Repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner.

2. Physical violence or moral pressure to compel the petitioner to change religious or political affiliation.

3. Attempt of respondent to corrupt or induce the petitioner, a common child, or a child of the petitioner, to engage in prostitution, or connivance in such corruption or inducement.

4. Final judgment sentencing the respondent to imprisonment of more than six years, even if pardoned.

5. Drug addiction or habitual alcoholism of the respondent.

6. Lesbianism or homosexuality of the respondent.

7. Contracting by the respondent of a subsequent bigamous marriage, whether in the Philippines or abroad.

8. Sexual infidelity or perversion.

9. Attempt by the respondent against the life of the petitioner.

10. Abandonment of petitioner by respondent without justifiable cause for more than one year.


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Please be reminded that this advice is based solely on the facts you have narrated and my appreciation of the same. My opinion may vary when other facts are changed or elaborated.
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5 Re: posible ground or not? on Thu Jan 24, 2013 10:23 am

raheemerick


Reclusion Perpetua
@jd888, thanks sa responce and info. Very Happy

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6 Re: posible ground or not? Today at 12:09 pm

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