Nullification of marriage, When marriage can be nullified
Marriage is a legal union between man and woman. Once the couple is wedded either before church or registrar of marriages it is supposed to be permanent. However courts can nullify a marriage upon petition of either party i.e. husband or wife. The following are some of the instances when a marriagecan be granted a decree of nullity
Impotence:
Where the respondent was permanently impotent at the time of marriage the petitioner can be legaly allowed to walk out of the marriage. One of the main reasons for getting married is to obtain conjugal rights, impotence prevents this from happening. A marriage is considered valid if its consummated.
Consanguinity:
Due to migration, misunderstandings and other factors, people may not know all their kinsmen especially those that are so directly attached to them and as a result someone might marry his sister so where its discovered that the parties are within the prohibited degrees of consanguinity, whether natural or legal or affinity the marriage can be nullified.
Insanity:
Where either party was a lunatic or an idiot at the time of marriage it might be nullified.
Today people are so involved in extra marital affairs at times they engage in them for fun without the intention of marrying the partners in crime but due to certain circumstances they decide to take the relationship to another level and they don’t dissolve the previous. Unknown to the other,the prospective partner is actually married in the event that it comes to the attention of the affected party he/she can petition for nullity.
Impersonation/Identity theft:
Where one of the parties impersonates another person/the intended groom or bride the marriage can be nullified. This is especially so if they have an identical countenance.
It is advisable to make sufficient inquiries about the person one intends to get married to for marriage is a life time.
Author’s bio: Aturinda Lenah is a legal consultant for Conservation Effort for Community Development a member of Foundation of Environmental Education Eco schools program.
Tags : Civil Procedure Family Law