Section 35 Matrimonial Causes Act 1970

Section 35 of the Matrimonial Causes Act 1970 is about Who may institute proceedings. It provides as follows:

A decree of nullity of marriage shall not be made upon the petition-
(a) of the party suffering from the incapacity to consummate the marriage, on the ground that the marriage is voidable by virtue of section 5(1) (a) of this Act, unless that party was not aware of the existence of the incapacity at the time of the marriage;

(b) of the party suffering from the disability of the disease, on the ground that the marriage is voidable by virtue of section 5(1) (b) or (c) of this Act; or

(c) of the wife, on the ground that the marriage is voidable by virtue of section 5(1) (d) of this Act.

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