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Divorce Introduction
Voidable Marriages
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| [ Publication date Jan 01, 2001 ] |
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Though the marriage is legal, either party may apply to set it aside if any of the following applies: -- The married couple did not have sex due to one party' s impotentcy or incapacity to do so;
- One party of the marriage refuses, without good reason, to consummate the marriage;
- If the marriage was not consensual on both parties and was subject threats, mistakes, unsoundness of mind;
- At the time of marriage, either party was suffering from mental illness which makes him/her unfit for marriage;
- At the time of marriage, the Respondent was suffering from venereal disease;
- At the time of marriage, the Respondent was pregnant by some person other than the Petitioner.
However, the Court will not grant a decree of nullity in such voidable marriages if the Respondent convinces the Court that:- The Petitioner, knowing that he/she has grounds for nullity, gave the Respondent the impression that he/she would not seek such a decree; and
- It would be unjust to the Respondent for the Court to grant the decree.
A petition for nullity must be made within 3 years from the date of the marriage where the ground is invalid consent, mental illness, veneral disease or pregnancy by some other person. Like a divorce, a decree of nullity only becomes absolute after 3 months. Once it becomes absolute, either party is free to marry. Any child or children born of a marriage, which has been so nullified, will remain legitimate. |
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