The law and the legislator have limited the freedom of will of the parties in the marriage contract due to the connection with public order. In some cases, to prevent the loss of the spouse who is exposed to defects that cause the marriage to be terminated, the cases of termination are foreseen and limited to the cases permitted by law. Although lack of virginity is not one of the faults stipulated in jurisprudence and law, lawyers consider lack of virginity to be included in Article 1128 of the Civil Code and one of the grounds for annulment of marriage. Exploring this issue shows that the views of jurists are different from jurisprudential views and judicial procedure and customs. The purpose of the present study is to examine the annulment of marriage due to lack of virginity or restoration of virginity and the challenges of considering the condition of virginity as a condition of construction in judicial procedure. Differing in judicial procedure and accepting each opinion and applying it to its examples are controversial and result in different effects and rulings. In addition, this issue has many personal, social and legal dimensions and imposes serious consequences and effects on girls and their families, which must be analyzed. This writing is descriptive-analytical and the collection of materials has been done in a library and digital way (using the opinions of the Judiciary Research Institute).