Does the provision permitting annulment of marriage for physical incapacity to enter into the marital state, or legal impotence, apply?

California, United States of America


The following excerpt is from Esmail v. Esmail (In re Marriage of Esmail), G056285 (Cal. App. 2019):

Similarly, the provision permitting annulment of marriage for physical incapacity to enter into the marital state means a physical incapacity to consummate the marriage, or legal impotence. (Stepanek v. Stepanek (1961) 193 Cal.App.2d 760, 762.)

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