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A voidable marriage (also called an avoidable marriage) is a marriage that can be canceled at the option of one of the parties through annulment.The marriage is valid but is subject to cancellation if contested in court by one of the parties to the marriage.
A void marriage is a marriage that is unlawful or invalid under the laws of the jurisdiction where it is entered. A void marriage is invalid from its beginning, and is generally treated under the law as if it never existed and requires no formal action to terminate.
The marriage is valid, but may be annulled if contested in court by one of the parties to the marriage. The petition to void the marriage must be brought by one of the parties to the marriage, and a voidable marriage thus cannot be annulled after the death of one of the parties.
"A marriage that takes place after the commencement of this Act, not being a marriage that is void, is voidable, where, at the time of the marriage: (a) either party to the marriage is incapable of consummating the marriage; (b) either party to the marriage is: (i) of unsound mind; or (ii) a mental defective;
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The only recognised ground where a marriage is voidable (i.e. the marriage exists until it is made void through a court order) is the incurable impotency of the husband. The impotency must have existed at the time the marriage was solemnised and continue to exist at the time that the wife seeks to make the marriage void.
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