Bill No. 19
Marriage And Divorce Bill
2009
108. Procedure on making a decision in objection proceedings
(1) The court shall, on making its decision, forward the court
order in the prescribed form to the District Registrar stating whether
the objection has been dismissed or sustained.
(2) The District Registrar shall forward the court order to the
Local Spiritual Assembly.
(3) On receiving a court order dismissing the objection
mentioned in subsection (1), the Local Spiritual Assembly shall file
the order and may without any further delay, proceed with the
solemnization of the marriage.
(4) Where the court issues to the Local Spiritual Assembly an
order sustaining the objection, the marriage shall not be solemnized.
(5) The court may, if it considers that an objection was made on
insufficient grounds, direct the person who made the objection to pay
such compensation or costs to a party to the marriage as it may
consider fit.
Void and Voidable Bahai Marriage
109. Void Bahai Marriage
(1) A Bahai marriage is void where—
(a) the parties are within the prohibited degrees of relationship,
whether natural or legal or by marriage;
(b) either party was of unsound mind at the time of the
marriage;
(c) either party, at the time of marriage, had a living spouse and
the marriage with the living spouse was still subsisting;
(d) the consent of either party to the marriage was obtained by
force or fraud; or
(e) the marriage was contracted in contravention of section 97(1).
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