ABSTRACT

For the purposes of para (d) of this subsection a marriage is not polygamous if at its inception neither party has any spouse additional to the other.

12. Grounds on which a marriage is voidable A marriage celebrated after 31 July 1971 shall be voidable on the following grounds only, that is to say-(a) that the marriage has not been consummated owing to the incapacity of

either party to consummate it; (b) that the marriage has not been consummated owing to the wilful refusal of

the respondent to consummate it; (c) that either party to the marriage did not validly consent to it, whether as a

consequence of duress, mistake, unsoundness of mind or otherwise; (d) that at the time of the marriage either party, though capable of giving a

valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act 1983 of such a kind or to such an extent as to be unfitted for marriage;

(e) that at the time of the marriage the respondent was suffering from venereal disease in a communicable form;

(f) that at the time of the marriage the respondent was pregnant by some person other than the petitioner.