§ 31-11-10-1 — Action by party incapable of contracting marriage; petition filed by guardian

(a) This section applies to a marriage that is
voidable under IC 31-11-9-2 on the ground that a party to the marriage
was incapable because of age or mental incompetency of contracting
the marriage.
(b) The incapable party described in subsection (a) may file an
action to annul the marriage in a court that has jurisdiction over the
action under section 3 of this chapter.
(c) If a guardian of an incapacitated person is filing a petition for
annulment of a marriage on behalf of the incapacitated person, the
petition for annulment must set forth the name and address of the
guardian.
(d) If a guardian of an incapacitated person files a petition for
annulment of a marriage on behalf of the incapacitated person, the
guardian shall file with the petition a copy of the court order granting
authority to petition for annulment of marriage described in IC 29-3-9-12.2.
[Pre-1997 Recodification Citation: 31-7-7-1 part.]

Legislative History

As added by P.L.1-1997, SEC.3. Amended by P.L.83-2014, SEC.11.