Application for Annulment

March 15, 2013

Divorce





Application for Annulment

An application to the Court for cancellation of marriage on the grounds of it being voidable shall be made only in the case where the spouses have not complied with the following sections. A marriage can only occur between a woman and a man if they are 17 years and older. The courts however may have the discretion as to allowing the marriage to take place if they are to marry before attaining such age. This could be by means of the parents giving consent to the marriage for the man or woman aged older than 17 years old until they reach legal age (20 years old).

For the man or woman is aged not over 17 years, the marriage should get consent from the court to grant the permission for such a marriage. Any marriage of man or woman age 17 years old until reach legal age (20 years old) and without the consent of the parents, it would be deemed a voidable marriage. Any marriage of man or woman age not over 17 years old and without the consent from the court to grant the permission, it would be deemed a voidable marriage.

Section 1505:
This is a marriage occurring where the parties have mistaken each other’s identities or one has been mistaken by the identity of another, such marriage shall be deemed to be voidable. An example for Section 1505 such as the male party desires to marry with the elder twin sister, but at the time of the marriage registration, the younger twin sister takes her place for marriage; in this case the marriage shall be deemed to be voidable and the male party should file the case for termination the marriage to the court within 90 days since the date of marriage registration.

Section 1506:
This is a marriage voidable on account of fraud to such an extent that the marriage would never have taken place. An example for Section 1506 such as the female party is pregnant with another man’s child but tells a lie to the male party that she is a virgin, the male party taking her word and gets marry with her; in this case the marriage shall be deemed to be voidable and the male party should file a case for termination the marriage to the court within 90 days since the date of marriage registration.

Section 1507:
This is a marriage that is voidable on account of duress without which the marriage would never have occurred. An example for Section 1506 such as Robert and Lek are friends. One day Lek’s father discovers the Lek is pregnant and says that Robert has to marry her or he will ensure that bad things happen to Robert. In fear of his life he marries Lek; in this case the marriage shall be deemed to be voidable and the male party should file the case for terminating the marriage to the court within one year since the date of being free from duress.

The right to apply for cancellation of the marriage on account of duress shall be terminated after the lapse of one year from the day on which the spouse is free from duress. Therefore even though they have been married for 2 years the threat to life and limb was still there. Robert would have one year to apply for the annulment after being free from duress.

Section 1509:
The marriage made without consent of the persons mentioned in Section 1454 is voidable.

 

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