Suprimento
Autor | Amaury Silva |
Páginas | 647-647 |
Page 647
.................., menor, representada pelos genitores, ..................... e ........................., devidamente qualificados na inicial, vem por meio da presente ação de Autorização Judicial pleitear o consentimento para casamento, tendo em vista que conta com menos de 16 anos de idade.
Acompanhando a inicial os documentos – f. ... Emenda a inicial – f. ... Parecer ministerial favorável à concessão do pedido, todavia com a obrigatória adoção do regime de separação de bens no casamento, art. 1.641, III, CC.
Decido.
Aduz a requerente que deseja, com a anuência de seus pais, o suprimento judicial para que possa contrair matrimônio com o seu namorado, por estar grávida.
É sabido que o Código Civil veda a união matrimonial envolvendo menores de 16 anos, todavia existe uma exceção legal disposta no art. 1.520 do Código Civil: “Excepcionalmente, será permitido o casamento de quem ainda não alcançou a idade núbil, para evitar imposição de penal criminal ou em caso de gravidez”.
O documento juntado à f. .. atesta que a menor está grávida, devendo nesta data encontrar-se no ...º mês de gravidez; com isso, existindo anuência dos pais, e parecer ministerial favorável, reconheço a procedência do pedido.
ISSO POSTO, julgo procedente o pedido para suprimento da idade núbil da requerente, ......................, nos termos do art. 1.520, Código Civil...
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