Remarriage
of divorced
persons.
1963. c. 72, s. 8.
Petition for nullity.
Grounds for decree of nullity.
(Cap. 181)
10
to whom it was granted, then, at any time after the expiration of three months from the earliest date on which that party could have made such an application, the party against whom it was granted may make an application to the court, and on that application the court may exercise any of the powers mentioned in paragraphs (4) to (d) of subsection (1).
18. (1) Where a decree of divorce has been made absolute and either-
(a) there is no right of appeal against the decree absolute; or (b) the time for appealing against the decree absolute has expired
without an appeal having been brought, or
(c) an appeal against the decree absolute has been dismissed, either party to the former marriage may marry again.
(2) No clergyman shall be compelled-
(a) to solemnize the marriage of any person whose former marriage has been dissolved and whose former spouse is still living; or
(5) to permit the marriage of such a person to be solemnized in
the church or chapel of which be is the minister.
PART IV.
NULLITY,
19. A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void on any of the grounds mentioned in section 20.
20. (1) A marriage shall be void on any of the following grounds....
(a) that the parties to the marriage are within the prohibited degrees of consanguinity or affinity as provided in the Marriage Ordinance;
(b) that the former husband or wife of eilber party to the marriage was living at the time of the marriage and the marriage with such former husband or wife was then in force;
(c) that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England:
(d) that the marriage is invalid by the law of the Colony.
(2) A marriage shall, subject to subsection (3), be voidable on 1965, c. 72, any of the following grounds-
5. 941).
(a) that the marriage has not been consummated owing to the
wilful refusal of the respondent to consummate it; or
(b) that at the time of the marriage either party to the marriage-
() was of unsound mind, or
(ii) was a mentally disordered person within the meaning of the Mental Health Ordinance 1960, of such a kind or to such an extent as to be unfitted for marriage and the pro- creation of children, or
(iii) was subject to recurrent attacks of insanity or epilepsy:
(c) that the respondent was at the time of the marriage suffering
from venereal disease in a communicable form; or
(d) that the respondent was at the time of the marriage pregnant
by some person other than the petitioner; or
(e) that at the time of the marriage either party to the marriage was impotent or incapable of consummating the marriage.
(3) The court shall not grant a decree of nullity in a case falling 1965, c. 72, within paragraph (5), (c) or (d) of subsection (2) unless it is satisfied 5. 902). that-
(a) the petitioner was at the time of the marriage ignorant of
the facts alleged; and
(b) proceedings were instituted within a year from the date of
the marriage; and
(c) marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree.
(4) Nothing in this section shall be construed as validating a 1963, c. 72, marriage which is by law void but with respect to which a decree of 1993). bullity has not been granted.
21. If the court is satisfied that the case for the petition has been Granting of proved, the court shall grant a decree of nullity.
22. Subsection (7) of section 15 and sections 16 and 17 shall apply în relation to proceedings for nullity of marriage as if for any reference in those provisions to divorce there were substituted a reference to nullity of marriage.
decree of Bullity.
Application of s. 1507), sullity pro- ceedings. 1965, c. 72, s. 10.
16 and 17 to
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