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Blog Posted in avatar   Felix Camerino's Blog

Can “my wife is ugly and she didn’t tell me” be a ground for annulment?

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By Felix Camerino
Posted Aug 1, 2012 in Odd News
[from pelikspeliks.wordpress.com]
As a general rule, marriage in the Philippines is a sanctity for which severing of any type is disallowed. As the biblical saying goes, “What therefore God has joined together, let not man put asunder.” (Mark 10:9)
However, general rules are almost always with exceptions. Such is true in the Philippines where exceptions exist to allow severing of marriage. Article 45 of the Family Code of the Philippines lays down the 6-possible grounds by which the court may annul a marriage.
An interesting and somewhat wacky news recently hit the internet: A Chinese husband divorced and sued his wife for $120,000 for being ugly and won!
Not only was divorce granted but damages too were sought and granted for the same ground. This sets a precedence for which many courts will likely use to merit divorce or annulment cases who share the same or similar grounds.
If ever the Philippine justice system follows suit, it makes for interesting legal discussion as to how such ground is to be retrofitted within the 6-existing annulment grounds of the Family Code of the Philippines. This is especially interesting since the granting of annulment finality lies in the discretion of the court, which of course means the judge has to be convinced that annulment is indeed warranted.
In all likelihood however, such ground stands to prosper since [as in the case at hand] there was concealment of facts for which the decision of the spouse to pursue marriage may have differed had he/she known the concealed fact beforehand.
In any case, it will be entertaining to watch such a case unfold.
References:
The Family Code of the Philippines
Related articles:
Chinese husband sues wife for being ugly, wins $120,000

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