“The only ground which Counsel argued before us was that the declaration sought should have been granted was ground (iii) namely, recurrent attack of insanity. Provisions for nullity of marriage on these grounds are to be found in Sec. 7(1)(b) of The Matrimonial Causes Act 1937 and amplified in the Matrimonial Causes Act 1965 of which Section 9 is relevant. Section 9(1)(b) of that Act is as follows: “9(1) In addition to any other grounds on which a marriage is by law void or voidable a marriage shall, subject to the next following sub-section, be voidable on the ground-(b) that at the time of the marriage, either party to the marriage – (i) was of unsound mind, or (ii) was suffering from mental disorder within the meaning of the Mental Health Act 1959 of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or (iii) was subject to recurrent attacks of insanity or epilepsy…”
LawCompass
… the Digital Solution Research Tool
