Bill No. 19
Marriage And Divorce Bill
2009
(2) The aggrieved party may petition court for a declaration that
his or her marriage is void.
110. Voidable Bahai Marriage
(1) A Bahai marriage is voidable where one of the parties to the
marriage—
(a) unreasonably refuses to consummate the marriage for a
period of three months from the time of the marriage;
(b) is unable to consummate the marriage within six months;
(c) is permanently impotent and the fact is not known by the
other party at the time of contracting a marriage; or
(d) conceals a material fact.
(2) The aggrieved party may, at his or her option, apply to a
competent court on any of the grounds in subsection (1), to nullify the
marriage.
111. Voidable Bahai Marriage valid until annulled
A voidable Bahai marriage is, for all purposes, a valid marriage until
it is annulled by a decree of a competent court at the instance of the
innocent party.
Breakdown of Bahai Marriage
112. Divorce in a Bahai marriage
(1) Both parties in a Bahai marriage have equal rights to seek for
divorce whenever either of them feels that it is essential to do so.
(2) A party seeking a divorce shall apply to the Local Spiritual
Assembly to determine whether the marriage has irretrievably broken
down before it sets the date for the beginning of the year of waiting.
(3) Notwithstanding subsection (2), either party may petition
court for the divorce.
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