Malaysia legislation

Section 70

of *LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976

Section 70

Law Reform (Marriage and Divorce)

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*NOTE—This Mental Disorders Ordinance 1952 [Ord. 31 of 1952] has since been repealed by the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

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[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.

Bars to relief where marriage is voidable

Section 70 — AKTA MEMBAHARUI UNDANG-UNDANG (PERKAHWINAN DAN PERCERAIAN) 1976