Code of the District of Columbia

§ 46–404. Persons allowed to institute annulment proceedings.

A proceeding to declare the nullity of a marriage may be instituted in the case of an infant under the age of consent by such infant, through a next friend, or by the parent or guardian of such infant; and in the case of a person with mental illness, by next friend. But no such proceedings shall be allowed to be instituted by any person who, being fully capable of contracting a marriage, has knowingly and wilfully contracted any marriage declared illegal by the foregoing sections.


(Mar. 3, 1901, 31 Stat. 1392, ch. 854, § 1286; June 30, 1902, 32 Stat. 543, ch. 1329; Sept. 26, 2012, D.C. Law 19-169, § 23(e), 59 DCR 5567.)

Prior Codifications

1981 Ed., § 30-104.

1973 Ed., § 30-104.

Effect of Amendments

The 2012 amendment by D.C. Law 19-169 substituted “a person with mental illness” for “an idiot or lunatic” in the first sentence.

Cross References

Proceedings to annul marriage, see §§ 16-903, 16-904.

Editor's Notes

Section 35 of D.C. Law 19-169 provided that no provision of the act shall impair any right or obligation existing under law.