It is to be noted that there are certain exceptions to the nullity of a voidable marriage in Nigeria. We had discussed on the nullity of a void marriage or nullity of a voidable marriage here.
These exceptions include the following;
- The knowledge of a party to the marriage. Where a party to the marriage was aware of the incapacity to consummate the marriage, the state of mental health of a party, the existence of a communicable venereal disease or pregnancy from another man other than the husband and still went ahead to marry the erring party, he/she is estopped from relying on the grounds as stated in Section 5(1)(a) – (d) of the Matrimonial Causes Act as a ground for nullity of marriage. To rely on Section 5(1)(a) – (d) of the MCA, the party must not be aware of the incapacity to consummate the marriage, the state of mental health of a party, the existence of a communicable venereal disease or pregnancy from another man, before the marriage.
- The incapacity to consummate the marriage must be in existence at the time the petition for nullity of marriage was instituted and the court is satisfied that; i.) the incapacity is not curable, ii.) the party refuses to submit to a medical examination to determine if the incapacity to consummate is curable or not, iii.) the party refuses to submit to proper treatment so as to cure him of such incapacity.
- Where the court is of the opinion that due to; i.)the petitioner’s knowledge of the incapacity of the marriage at the time of the marriage, ii.) the conduct of the petitioner since the marriage, iii.) the lapse of time, iv.) or for any other reason, it would be harsh and oppressive to the other party, or contrary to public interest to make the decree, the court shall not make a decree of nullity of marriage on the ground of the incapability of a party to consummate the marriage.
- The court shall not make a decree of nullity of voidable marriage on the ground of incapacity to consummate the marriage, the state of mental health of a party, the existence of communicable venereal disease or pregnancy from another man other than the husband unless the court is satisfied that; i.) the petitioner was ignorant of the facts constituting these grounds at the time of the marriage, ii.) the petition was filed not later than twelve months after the date of the marriage, iii.) there has been no marital intercourse with the consent of the petitioner since the petitioner discovered these facts constituting the grounds for nullity of a voidable marriage, iv.) It should be noted that any child born before or during the nullity of a voidable marriage remains a legitimate child of the parties.
The foregoing are the exceptions to the nullity of a voidable marriage in Nigeria.
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