Yvette was found to be positive for HIV virus, considered sexually transmissible, serious and incurable. Her boyfriend Joseph was aware of her condition and yet married her. After two (2) years of cohabiting with Yvette, and in his belief that she would probably never be able to bear him a healthy child. Joseph now wants to have his marriage with Yvette annulled. Yvette opposes the suit contending that Joseph is estopped from seeking annulment of their marriage since he knew even before their marriage that she was afflicted with HIV virus.
Can the action of Joseph for annulment of his marriage with Yvette prosper? Discuss fully.
1 comment:
No, the action for annulment of the marriage of Joseph to Yvette will not prosper.
The Civil Code provides that concealment of a sexually transmissible disease which appears to be serious and incurable is a ground for annulment of marriage.
In the present case, there was no concealment of the fact by Yvette that she has HIV.
Therefor, Joseph is estopped from asserting as a ground that Yvette has HIV.
On the otherhand, Yvette's incapacity to bear a healthy child is not a ground for annulment as it is not one of the grounds enumerated under the Civil Code.
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