Annulment
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What is the Effect of Annulment
It makes the marriage null & void and hence it creates the effect as if the marriage never existed, i.e to cancel the marriage as if it never exist from the beginning.
When can one sought for Annulment?
- S.69 Law Reform (Marriage & Divorce) Act 1976 spells out the grounds when a marriage will be void:
- Either person is already married to another who is still living at the point of the current marriage
- A male (below 18), and a woman (16-18 years old) married without obtaining special license granted by the Chief Minister.
- Parties falls within the prohibited family relationship like half siblings, siblings, uncles, nieces etc.
- Parties are not male & female respectively
- S.70 Law Reform (Marriage & Divorce) Act 1976 spells out the grounds on when a marriage will deemed voidable:
- Marriage not consummated
- Marriage did not take place willfully by the parties.
- The party was incapable/ unfit for marriage within the meaning of Mental Disorder Ordinance 1952 [Ord. 31 of 1952].
- The party was suffering from sexually infectious or transmissible disease at the time of marriage.
- The wife was pregnant with another man at the time of marriage.
What is Void and Voidable in S.69 & S.70 of the Law Reform (Marriage & Divorce) Act 1976?
- Void = Never existed at all
- Voidable = Existed until either party sought to the High Court to cancel the marriage
Note : One can opt for Annulment so long they fall within the ambit of S.69 or S.70 of LRA 1976.
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