Grounds on which a marriage is voidable

It is noteworthy that to make a marriage voidable the incapacity to consummate must exist both at the time of the marriage and the hearing of the Petition. Before a marriage is declared voidable on the ground of incapacity to consummate, the Court must be satisfied that the defect is not curable; that is it cannot be cured by medical treatment.

Under section 5 1 b of the Act, a marriage is voidable if at the time of its celebration one of the parties was of unsound mind or a mental defective, or subject to recurrent attacks of insanity or epilepsy. A spouse who is of unsound mind or mental defect is regarded by the law as being incapable of carrying on a normal marital life.

The other party to the marriage is allowed to petition for the nullity of the marriage. Where a spouse is at the time of the marriage subject to recurrent attacks of insanity or epilepsy, the marriage will be voidable. The marriage will not be declared voidable at the petition of the party suffering from mental deficiency or epilepsy. According to Section 5 1 c of the Matrimonial Causes Act , the marriage is voidable where at the time of its celebration either party was suffering from a venereal disease in a communicable form.

If it cannot be shown that the party in question was suffering from the disease at the time of the marriage, the disease would not constitute a ground for nullity. The party alleging the venereal disease in communicable form may prove it in various ways including the calling of medical evidence. By section 5 1 d of the Act, where at the time the marriage was celebrated the wife was pregnant by a person other than the husband, the marriage will be voidable at the instance of the husband.

By virtue of Section 35 c of the Act, the wife so pregnant cannot obtain a decree of nullity on the ground of her pregnancy. But where the petitioner had knowledge of the pregnancy at the time of the marriage as this would amount to an approbation of that. More so, the Court will refuse a decree where the petitioner with full knowledge of the fact and without just cause allows his right to lapse. By virtue of Section 37 of the Matrimonial Causes Act , three further restrictions are imposed on the granting of a decree of nullity in respect of marriages which are voidable by reason of insanity, venerable disease or pregnancy at the time of marriage.

By section 38 of the Act, a decree of nullity of a voidable marriage shall annul the marriage from and including the date on which the decree becomes absolute. However, a decree of nullity of a voidable marriage shall not render illegitimate a child of the parties born since or legitimated during the marriage. In conclusion, the existence of a marriage must be strictly proved in proceedings for annulment of marriage in Nigeria. More so, the decree for annulment of marriage under Nigerian law can only be granted to any petitioner who can establish any of the grounds for void or voidable marriage stipulated in the Act.

A party to a marriage who intends to end such a marriage without meeting the above strict requirements for annulment of marriage may opt for divorce since there are several grounds for divorce compared to the nullity of marriage. The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. All Rights Reserved. Password Passwords are Case Sensitive.

Forgot your password? Free, unlimited access to more than half a million articles one-article limit removed from the diverse perspectives of 5, leading law, accountancy and advisory firms. Sign-in Help. The grounds on which a marriage is voidable The grounds on which a marriage is voidable Practice notes. The following Family practice note provides comprehensive and up to date legal information covering: The grounds on which a marriage is voidable Incapacity to consummate Consummation Incapacity Refusal of medical examination or treatment Wilful refusal to consummate Wilful refusal Lack of consent Duress and forced marriages Mistake More Incapacity 'or otherwise' Mental disorder Venereal disease Pregnancy Interim gender recognition certificate Acquired gender Bars to relief Conversion of a civil partnership to marriage Less The grounds on which a marriage is voidable A decree of nullity granted after 31 July in respect of a voidable marriage operates to annul the marriage with effect from decree absolute and it is treated as if it had existed up to that time.

There are eight grounds on which a marriage celebrated after 31 July is voidable pursuant to the Matrimonial Causes Act MCA : Incapacity to consummate An opposite sex marriage may be voidable on the basis that it has not been consummated owing to the incapacity of either party to consummate it.

A same-sex spouse cannot rely on the ground of non-consummation in nullity proceedings. Consummation Consummation has been interpreted as meaning 'ordinary and complete intercourse'. Access this content for free with a trial of LexisPSL and benefit from: Instant clarification on points of law Smart search Workflow tools 36 practice areas.

Back Step 1 of 2 Basic information. Step 1 Step 2 Name. Miss Mrs. Name Click to edit. Name No Content These fields are required. Email Email id Click to edit. Email No Content This field is required. Job role Click to edit. Job role No Content This field is required. Job title. Such marriages can be annulled by a decree of nullity on any of the following grounds Follow SCJudgments.

Login : Advocate Client. For example, a person who was induced by fraud to enter into a contract may disclaim the contract by taking some positive action to disaffirm the contract. Or the victim of the fraud may ratify the contract by his or her conduct or by an express affirmation after acquiring full knowledge of the facts. Likewise, a contract between a minor and another party is generally viewed as voidable by the minor.