Skip to content
In forceUpdated to 15 Dec 2018Read it in Bahasa Malaysia
Contents

Part VI · Divorce

70. Grounds on which a marriage is voidable

Feedback & support

A marriage which takes place after the appointed date 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 in 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 (whether continuously or intermittently) a mentally disordered person within the meaning of the *Mental Disorders Ordinance 1952

*NOTE—This Mental Disorders Ordinance 1952 [Ord. 31 of 1952] has since been repealed by the

Mental Health Act 2001 [Act 615] w.e.f. 15 Jun 2010–see section 93 of Act 615 and P.U.

(B)

269/2010.

50

[Ord. 31 of 1952] of such a kind or to such an extent as to be unfit for marriage;

(e)

that at the time of the marriage the respondent was suffering from veneral disease in a communicable form;

(f)

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

Report

Part VII

Matters Incidental to Matrimonial Proceedings

Part VIII

Protection of Children

Part IX

Miscellaneous

Schedules