A voidable marriage is one that will be regarded by every court as a valid subsisting marriage until a Decree annulling a court of competent jurisdiction has pronounced it as per the case of De Renville v De Renville (1948) AII ER 56 by Lord Green and Mbonu v Mbonu (1976) I FNR 57.
According to Article 13 of the Matrimonial Causes Act 1973, the court shall not in proceedings grant a decree of nullity on the ground that a marriage is voidable if the respondent satisfies the court that;
- The petitioner, with the knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so, and
- That it would be unjust to the respondent to grant the decree.
Without prejudice, the court shall not grant a decree of nullity of voidable marriage on the following grounds;
- That either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind, or otherwise;
- That at the time of the marriage either party, though capable of giving valid consent, was suffering (whether continuously or intermittently) from a mental disorder to such an extent that it was unfit for marriage;
- That at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
- That at the time of the marriage the respondent was pregnant by some other than the petitioner.
Unless it is satisfied that proceedings were instituted within three years from the date of the marriage.
Without prejudice the court shall not grant a decree of nullity of voidable marriage based on the following grounds;
- That at the time of the marriage the respondent was suffering from venereal disease in a communicable form;
- That at the time of the marriage the respondent was pregnant by some other than the petitioner.
Unless it is satisfied that the petitioner was ignorant of the alleged facts at the time of the marriage.