Petition For Nullity of Marriage Psychological Incapacity
Petition For Nullity of Marriage Psychological Incapacity
______________________;
Petitioner CIVIL CASE No._________
FOR: Declaration of
nullity of marriage
-versus-
_____________________;
Respondent
x-----------------------------------------x
PETITION
Petitioner, through counsel and to this Honorable Court respectfully state;
I. PARTIES
Petitioner, __________________, is of legal age, married to the
respondent but separated in fact, and a resident of
______________________________. She may be served with summons and
other court processes through her counsel’s office address at
________________________;
The following pertinent and relevant Family Code provisions are the
bases in the treatise of this Petition:
Art. 36. A marriage contracted by any party who, at the time of the
celebration, was psychologically incapacitated to comply with the essential
marital obligations of marriage, shall likewise be void and even if such
incapacity becomes manifest only after its solemnization.
Art. 68. The husband and wife are obliged to live together, observe
mutual love, respect and fidelity, and render mutual help and support.
Art. 72. When one of the spouses neglects his or her duties to the
conjugal union or commits acts, which tend to bring danger, dishonor or
injury to the other or the Family, the aggrieved party may apply to the
court for relief.
2.4 On ______ the parties were married. A copy of the parties’ Marriage
Contract is hereby attached as Annex “__.”
3.4 xxx
3.5 xxx
4.3 Based on the Psychiatric Evaluation Result, the Personality Disorder of the
Respondent is serious, incurable, and existed even prior to the marriage.
PRAYER
WHEREFORE, premises considered, it is respectfully prayed of the
Honorable Court, that after due notice and hearing, issue an order declaring the
marriage of the parties on __________ NULL AND VOID by reason of the
Respondent’s psychological incapacity citing Article 36 of the Family Code of
The Philippines.
____________________
Affiant