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BY GORDON GUILLERGAN
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“EVEN with my eyes closed I see love and feel love with you. Because you’re love is beyond what I can see.”
Honestly, what attract us initially to a person are their looks, but we eventually fall in love with their personality. That’s why I am not a believer in the so-called “love at first sight.” There is this one article I came across the internet about a husband suing his wife for fraud.
The handsome husband married his beautiful wife and they had two children. But he eventually became quite alarmed as the children did not quite look like him or his wife. Unlike them, the children turned out to be dark-skinned, had rounded eyes, plump noses and thick lips.
After their first child was born, the husband thought the wife was cheating on him. But she was a simple housewife and had no opportunity to escape or be with another man. He brushed the idea aside until the birth of their second child who looked exactly the same as the first child. This time he confronted the wife. She confessed undergoing cosmetic enhancements and that she originally looked like their children.
Under our Family Code, would this suffice as a valid ground for annulment of marriage under Article 46?
That Article requires limited circumstances for fraud to become a valid ground for annulment – the nondisclosure of a previous conviction by final judgment of the other party of a crime involving moral turpitude; the concealment by the wife of the fact that at the time of the marriage, she was pregnant by a man other than her husband; or concealment of sexually transmissible disease, regardless of its nature, existing at the time of the marriage; or concealment of drug addiction, habitual alcoholism or homosexuality or lesbianism existing at the time of the marriage.
The most important paragraph of Article 46 states that no other misrepresentation or deceit as to character, health, rank, fortune or chastity shall constitute such fraud as will give grounds for action for the annulment of marriage. (86a)
The fact that she used to be ugly does not fall within the valid grounds (one is fraud) for the annulment of marriage as laid down by our law. Therefore, the marriage shall remain valid.
How superficial do we understand love if we simply narrow it down to the physical. It is important to look into the personality and the kindness of heart, faithfulness of the soul, the perseverance to survive, and provision of the person above all else. True love is beyond the physical./PN
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