MATRIMONIAL CAUSES ACT - 1971 (ACT 367)

    Section - 13 - Nullity.

    (1) Any person may present a petition to the court for a decree annulling his marriage on the ground that it is by law void or voidable (in this Act referred to as "a decree of nullity").

    (2) In addition to any other grounds on which a marriage is by law void or voidable, a marriage shall, subject to subsection (3), be voidable on the ground-

    (a) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; or

    (b) that at the time of the marriage either party to the marriage was of unsound mind or subject to recurrent attacks of insanity; or

    (c) that the respondent was at the time of the marriage pregnant by some person other than the petitioner; or

    (d) that the respondent was at the time of the marriage suffering from an incurable venereal disease in a communicable form.

    (3) The court shall not grant a decree of nullity in a case falling within paragraphs (b), (c) or (d) of subsection (2) unless it is satisfied that-

    (a) the petitioner was at the time of the marriage ignorant of the facts making the marriage voidable; and

    (b) proceedings were instituted within a year from the date of the marriage; and

    (c) marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the facts making the marriage voidable.

    (4) Nothing in this section shall be construed as validating a marriage which is by law void but with respect to which a decree of nullity has not been granted.