Section 5 Matrimonial Causes Act 1970

Section 5 of the Matrimonial Causes Act 1970 is about Voidable marriages. It provides as follows:

(1) Subject to this Act, a marriage that takes place after the commencement of this Act not being a marriage that is void, shall be voidable in the following cases but not otherwise, that is to say, where at the time of marriage-
(a) either party to the marriage is incapable of consummating the marriage;

(b) either party to the marriage is- (i) of unsound mind, or (ii) a mental defective, or (iii) subject to recurrent attacks of insanity or epilepsy;

(c) either party to the marriage is suffering from a venereal disease in a communicable form; or

(d) the wife is pregnant by a person other than the husband.

(2) For the purposes of this section, “mental defective” means a person who, owing to an arrested or incomplete development of mind, whether arising from inherent causes or induced by disease or injury, requires oversight, care or control for his own protection or for the protection of others and is, by reason of that fact, unfitted for the responsibilities of marriage.

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