Forced consent as ground--Party bringing action--Time of action.

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25-3-5. Forced consent as ground--Party bringing action--Time of action.

A marriage may be annulled by an action in the circuit court to obtain a decree of nullity if, at the time of the marriage, the consent of either party was obtained by force, unless such party afterwards freely cohabitated with the other as husband or wife. An action to obtain a decree of nullity of marriage for causes mentioned in this section must be commenced by the injured party, within four years after the marriage.

Source: SDC 1939, §§14.0601 (5), 14.0602 (5).


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