Bill No. 19
Marriage And Divorce Bill
2009
(d) the marriage was contracted in contravention of any of the
provisions in sections 58, 59 and 60.
(2) The aggrieved party may petition the court for a declaration
that his or her marriage to the other party is null and void.
77. Voidable customary marriages
(1) A customary 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 above to nullify the marriage.
78. Voidable customary marriage valid until annulled
A voidable customary 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.
Conversion of Customary Marriages
79. Conversion of marriage
Parties to a customary marriage may convert that marriage to a
monogamous marriage under this Act, but only if the husband at the
time of conversion has only one wife.
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