Section 36 Matrimonial Causes Act 1970

Section 36 of the Matrimonial Causes Act 1970 is about Incapacity to consummate maniage. It provides as follows:

(1) A decree of nullity of marriage shall not be made on the ground that the marriage is voidable by virtue of section 5(1) (a) of this Act unless the court is satisfied that the incapacity to consummate the marriage also existed at the time when the hearing of the petition commenced and that-
(a) the incapacity is not curable;

(b) the respondent refuses to submit to such medical examination as the court considers necessary for the purpose of determining whether the incapacity is curable; or

(c) the respondent refuses to submit to proper treatment for the purpose of curing the incapacity.

(2) A decree of nullity of marriage shall not be made on the ground that the marriage is voidable by virtue of section 5(1) (a) of this Act where the court is of opinion that-
(a) by reason of- (i) the petitioner’s knowledge of the incapacity at the time of the marriage; or (ii) the conduct of the petitioner since the marriage; or (iii) the lapse of time; or

(b) for any other reason, it would, in the particular circumstances of the case, be harsh and oppressive to the respondent, or contrary to the public interest, to make a decree.

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