California, United States of America
The following excerpt is from Sarracino v. Superior Court, 118 Cal.Rptr. 21, 13 Cal.3d 1, 529 P.2d 53 (Cal. 1974):
9 Thus McClure v. Donovan (1949) 33 Cal.2d 717, 723--729, 205 P.2d 17, which petitioner quotes extensively in his brief, is not in point because in it an action to annul a marriage on grounds of the husband's being of 'unsound mind' when the marriage was contracted was brought by his sister As plaintiff under former Civil Code sections 82 and 83, permitting such an action to be brought by the incompetent spouse's 'relative or guardian.' It was held that the court could not enter a judgment of annulment without making the husband himself a party.
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