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Voidable
marriages are those which are void at the option of the aggrieved
party. Such marriages can be annulled by a decree of nullity on
any of the following grounds :-
That the marriage has not been consummated owing to the impotence
of the Respondent.
That the marriage is been performed with a person of unsound
mind or having a mental disorder or suffering from recurrent
attacks of epilepsy.
That the consent of the Petitioner or its Guardian was obtained
by force or by fraud as to the nature of the ceremony or as
to any material fact or circumstances concerning the Respondent.
To succeed on this ground, it is necessary that the Petition
must be presented in the Court within one year after the force
has ceased to operate or the fraud has been discovered. It is
also necessary that after the force has ceased or fraud discovered,
the Petitioner has not, with consent, lived with the other side.
That the Respondent was at the time of marriage pregnant by
some person other than the Petitioner.
LEGITIMACY
OF CHILDREN OF INVALID AND VOIDABLE MARRIAGES
The
children born out of invalid and voidable marriages are legitimate
children of the parties and are entitled to the share in the separate
property of their parents.
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