Professional Documents
Culture Documents
DEFINITION
Section 70 LRA
Provides 6 grounds and are as follows:-
Marriage has not been consummated owing to incapacity of either
party;
Marriage has not been consummated owing to the willful refusal of the
Respondent;
Either party to the marriage did not validly consent to it;
At the time of marriage, though capable of giving consent, was a
mentally disordered person within the meaning of Mental Disorder
Ordinance 1952;
At the time of marriage, Respondent was suffering from a venereal
disease in a communicable forms; or
At the time of marriage, the Respondent was pregnant by some person
other than the petitioner.
SECTION 70
(a)Marriage has not been consummated owing to
incapacity of either party
Either the petitioner or the R may be the one who is
incapacitated to consummate the marriage
The incapacity to consummate must be in relation to the other
spouse
If a party to a marriage is unable to consummate the marriage
because of his or her incapacity but is well capable of having
sexual relations with another person, then he or she will be
taken to be incapacitated-sufficient to prove ground (a)
CONT…