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NULLITY OF VOID MARRIAGES
Under the Matrimonial causes Act, a marriage is void under any of the following circumstances.
(A) Where either of the parties is at the time of marriage lawfully married to some other person:
(B) The parties are within the prohibited degree of consanguinity and affinity to S. 4 OF Matrimonial causes Act. It is immaterial whether the relationship is of the whole blood or half blood, or whether it is traced through, or to any person of illegitimate birth.
(C) A marriage is not valid under lex loci celebrationis by reason of failure to comply with the requirement of the lawof that place with reason to the form of solemnization of marriages:
(D) Lack of consent of either of the parties because the consent was obtained either by:
(i) Duress or fraud: or
(ii) The party is mistaken as to identity of the other party or as to the nature of the ceremony to be performed,
(E) Either of the parties are not of marriageable age.
Under section 33 (2) marriage Act, a marriage shall be null and void if both parties knowingly and willfully acquiesce in the celebration of a marriage in:
(a) A place other than the office of a register of marriages or a licensed place of worship; or
(b) Under a false name; or
(c) Without registrar’s certificate of notice. See Chukwuma v. chukwuma (1996) 1 N.W.L.R pt 426 p.545; Anyaegbunam v. Anyaegbunam (supra), where it was held that such a marriage was a marriage was void except of course one of the parties went through the purported statutory form of marriage but did not acquiesce to the irregularity of celebrating the marriage without first obtaining the registrar’s certificate. See Aparanta v. aparanta (1972) 2 E.C.S.L.R 779,
(d)By a person not being a recognized minister of some religious denomination or a registrar of marriages.
Under section 4 matrimonial causes Act, where persons are within the prohibited degrees of affinity and desire to marry, they may apply in writing to the judge for permission to marry and if the judge is satisfied that there are exceptional circumstances, the judge may by an order permit the parties to marry.
(2) NULLITY OF VOIDABLE MARRIAGE
By virtue of section 5(1) Matrimonial Causes Act, a marriage is voidable under any of the following circumstances:
(a) Either of the parties to the marriage at the time of marriage is incapable of consummating the marriage;
(b) Either of the parties is
(i) Of unsound mind;
(ii) Mentally defective;
(iii) Subject to recurrent attacks of insanity or epilepsy,
(c) At the time of the marriage, either party to the marriage is suffering from a venereal disease in a communicable form;
(d) The wife is pregnant by a person other than the husband. Where a marriage is void or voidable, a petition for nullity of marriage may be brought by a petitioner : S. 34 Matrimonial Act.
Under section 35 Matrimonial causes Act a petition for nullity of marriage cannot however be made by:
(a) A party suffering from incapacity to consummate the marriage S. 5 (1)(a) matrimonial causes Act unless the party was unaware of the existence of the incapacity at the time of the marriage:
(b) The party suffering the disease or disability under S.5(1)(b) or (c) Matrimonial causes Act;
(c) The wife under S. 5(1)(b) or (c) matrimonial causes Act; and Also, a decree of nullity of marriage will not be made except the incapacity under S. 5(1) (a) matrimonial causes Act also existed at the time of commencing the hearing of the petition and such incapacity is found to be incurable or the respondent refuses to summit to the proper treatment, see s.36(1) matrimonial causes act. Again, such a decree will not be made where the court is of the opinion that:
(1) By reason of the petitioner’s knowledge of the incapacity at the time of the marriage;
(2) The conduct of the petitioner since the marriage; or
(3) Lapse of time or for any other reason that would be harsh and oppressive to the respondent or contrary to public interest to make such a decree. Under S. 37 Matrimonial causes Act, a decree will not be made under S. 5(1) (b) (c) and (d) matrimonial causes Act except a court is satisfied that:
(a) The petitioner was ignorant of the fact constituting the ground at the time of the marriage;
(b) The petition was filed not later than 12 months after the date of marriage; and
(c) Marital intercourse has not taken place with consent of the petitioner since the discovered the ground the fact constituting the ground. A petitioner for the decree of nullity of marriage shall be in accordance with Form 6 o.5, r. 18 matrimonial causes rules.