Cap. 255 Art. 19Nullity of marriage.

(1) In addition to the cases in which a marriage is void in accordance with any other provision of this Act, a marriage shall be void:

(a) if the consent of either of the parties is extorted by violence, whether physical or moral, or fear;

(b) if the consent of either of the parties is excluded by error on the identity of the other party;

(c) if the consent of either of the parties is extorted by fraud about some quality of the other party which could of its nature seriously disrupt matrimonial life;

(d) if the consent of either of the parties is vitiated by a serious defect of discretion of judgment on the matrimonial life, or on its essential rights and duties, or by a serious psychological anomaly which makes it impossible for that party to fulfil the essential obligations of marriage;

(e) if either of the parties is impotent, whether such impotence is absolute or relative, but only if such impotence is antecedent to the marriage;

(f) if the consent of either of the parties is vitiated by the positive exclusion of marriage itself, or of any one or more of the essential elements of matrimonial life, or of the right to the conjugal act;

(g) if either of the parties subjects his or her consent to a condition referring to the future;

(h) if either of the parties, although not interdicted or infirm of mind, did not have at the time of contracting marriage, even on account of a transient cause, sufficient powers of intellect or volition to elicit matrimonial consent.

(2) Subject to the provisions of this Act, an action for the annulment of a marriage may only be commenced by one of the parties to that marriage, and this provision shall apply even where such party is, under any provision of law, incapable of suing or being sued, and in any such case the action may be commenced by such party notwithstanding such incapacity, saving any assistance or other condition the court may deem appropriate to order. Where an action has been commenced by a party to a marriage, the action may be continued by any of the heirs.