Legal minds

GROUNDS ON WHICH A MARRIAGE MAY BE VOID.
Section 3 (1) a-e of the Matrimonial Causes Act lays down 5 grounds upon which marriage celebrated after the commencement of the act may be void.

A, Where either of the parties is lawfully married to a third party.Section 33(1) of the Marriage Act also invalidates such marriage. See R v. Princewill.

B, The parties are within the prohibited degrees of affinity and consanguinity.Section 4 of the Matrimonial Causes Act provides instances where parties within the prohibited degree of affinity only may marry with the consent of the high court judge. If the judge is satisfied and sees their peculiar case as exceptional, he may allow the parties to proceed.
There are no exceptions to the prohibition of consanguinity.

C, Failure to comply with the law of the place where the marriage is celebrated invalidate the marriage by lex loci celebrationis. Failure to comply with the formal local rules.
Section 7 to 17 of the act states the formal processes that need to be complied with before it can be said that a valid statutory marriage has occurred. See Bello v Bello

D, Real consent of either of the parties has not been obtained ( due to duress fraud, mistake as to identity, insanity so as not to understand the nature of the transaction).the consent of both spouses must have been obtained freely without fraud, duress, or mistake. Define each. It is immaterial that the party making the threat could not carry it out.see Singh v. Singh.

E, Either of the parties is not of marriageable age.Neither of the acts prescribes what marriageable age means. Owing to this lacuna in the law, we are adviced to take note of the provision of the child rights act which states that the age of majority is 18.

BY
FELIX CHIBUIKE
07089621300