42.0203 Grounds for annulment.

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The High Court may annul any marriage which was illegally contracted.

History: 1962, PL 7-32.

Case Notes:

Statute providing that court “may” annul illegally contracted marriages follows the general rule that annulment is an equitable remedy which may be barred by equitable defenses including estoppel, laches, or the doctrine of unclean hands. A.S.C.A. § 42.0203. Pritchard v. Purcell, 11 A.S.R.2d 16 (1989).

Application of equitable principles of estoppel and clean hands to action for annulment of formerly bigamous marriage was bolstered by territorial statutes providing that court “may” annul any marriage that was illegally contracted, and setting forth strict rules against judgment by default, collusive suits, and the granting of judgment in favor of a guilty party. A.S.C.A. §§ 42.0203, 42.0204-11. Watson v. Watson, 11 A.S.R.2d 30 (1989).