§580-26  Lack of mental capacity.  The marriage of a person who lacked the mental capacity to consent to the marriage may be annulled on the application of either party, or on the application of a guardian of the party who lacked capacity; provided that no sentence of nullity shall be pronounced if it appears that the parties freely cohabited as a married couple after the party who lacked mental capacity attained the mental capacity necessary to consent to marriage. [CC 1859, §1318; am L 1903, c 22, §2; RL 1925, §2960; RL 1935, §4455; RL 1945, §12206; RL 1955, §324-6; HRS §580-26; am L 1973, c 211, §5(1); am L 1980, c 43, §2; am L 2023, c 160, §11]