Section 2. Petition for declaration of absolute nullity of void marriages. -

1. Who may file. -

   A petition for declaration of absolute nullity of void marriage may be filed solely by the husband or the wife. (n)

2. Where to file. -

   The petition shall be filed in the Family Court.

3. Imprescriptibility of action or defense. -

   An Action or defense for the declaration of absolute nullity of void marriage shall not prescribe.

4. What to allege. -

   A petition under Article 36 of Family Code shall specially allege the complete facts showing the either or both parties were psychologically incapacitated from complying with the essential marital obligations of marriages at the time of the celebration of marriage even if such incapacity becomes manifest only after its celebration.

   The complete facts should allege the physical manifestations, if any, as are indicative of psychological incapacity at the time of the celebration of the marriage but expert opinion need not be alleged.