Canon 1367

During the instruction of a case, whenever a very probable doubt

emerges that the marriage was not consummated, after suspending

the nullity case with the consent of the parties, the tribunal

can complete the instruction of the case for a dissolution of a

non-consummated sacramental marriage; the acts are to be sent to

the Apostolic See together with a petition for this dissolution

from either or both spouses and with the votum of the tribunal

and the eparchial bishop.