CAP. 179]
[a. 11 cont.]
Petition
for nullity of marriage.
Grounds of decree.
Decree of nullity.
Children of annulled marriage.
Divorce.
respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief.
Nullity of Marriage.
12. A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void.
13. Such decree may be made on any of the following grounds-
(a) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;
(b) that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal;
(c) that either party was a lunatic or idiot at the time of the marriage;
(d) that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force;
(e) 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;
(f) that the marriage is invalid by the law of the Colony.
14. If the court finds that the petitioner's case has been proved, it shall pronounce a decree nisi declaring the marriage to be null and void.
15. Where a marriage is annulled on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree nisi is made shall be specified in the decree and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
372
CAP. 179]
[a. 11 cont.]
Petition
for nullity of marriage.
Grounds of decree.
Decree of nullity.
Children of annulled marriage.
Divorce.
respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief.
Nullity of Marriage.
12. A husband or wife may present a petition to the court praying that his or her marriage may be declared null and void.
13. Such decree may be made on any of the following grounds-
(a) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit ;
(b) that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal ; (c) that either party was a lunatic or idiot at the time of
the marriage;
(d) that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force; (e) 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;
(f) that the marriage is invalid by the law of the Colony.
14. If the court finds that the petitioner's case has been proved, it shall pronounce a decree nisi declaring the marriage to be null and void.
15. Where a marriage is annulled on the ground that a former husband or wife was living and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree nisi is made shall be specified in the decree and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.
372
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