11. The existence of a chronic and incurable disease which is hereditary or contagious afflicting one of the spouses previous to the marriage, of which the other spouse had no knowledge when the marriage was concluded.
12. If the wife gives birth to a child conceived before marriage, which child has been judicially declared illegitimate.
13. An infringement or violation of the marriage settlements (capitulaciones matrimoniales).
14. Mutual consent of the parties.
Proceedings for Divorce.—Even if the spouses consent to a divorce there must be a formal legal proceeding. In such a case the suit is begun by a petition to the judge setting forth clearly the consent to divorce and the agreement of the parties as to the maintenance of the wife, the custody of the children and the disposition or division of the property held in common.
When such a petition is filed it becomes the duty of the judge to summon the parties before him and to endeavour to effect a reconciliation.
In a suit where the spouses do not mutually consent to a divorce, it is still the legal duty of the judge to attempt a reconciliation of the parties.
Annulment of Marriage.—While the Mexican law does not recognize absolute divorce it does provide for the annulment or setting aside absolutely of certain marriages. Marriages are voidable and may be annulled in the courts on the following grounds:
A. If the parties are related within the prohibited degrees of consanguinity and affinity.
B. If the parties, or either of them, were incapable by reason of non-age or otherwise of legally concluding marriage.