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Old 15-05-2011, 11:32 AM
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Re: All you need to know about the WOMEN'S CHARTER

PART X
CHAPTER 3 — NULLITY OF MARRIAGE


Writ for nullity of marriage
104. Any husband or wife may file a writ claiming for a judgment of nullity in respect of his or her marriage.[42/2005]

Grounds on which marriage is void
105. A marriage which takes place after 1st June 1981 shall be void on the following grounds only:

(a) that it is not a valid marriage by virtue of sections 3(4), 5, 9, 10, 11, 12 and 22; or

(b) where the marriage was celebrated outside Singapore, that the marriage is invalid —

(i) for lack of capacity; or

(ii) by the law of the place in which it was celebrated.[42/2005]

Grounds on which marriage is voidable
106. A marriage which takes place after 1st June 1981 shall be voidable on the following grounds only:

(a) that the marriage has not been consummated owing to the incapacity of either party to consummate it;

(b) that the marriage has not been consummated owing to the wilful refusal of the defendant to consummate it;

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind or otherwise;

(d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Disorders and Treatment Act (Cap. 178) of such a kind or to such an extent as to be unfit for marriage;

(e) that at the time of the marriage the defendant was suffering from venereal disease in a communicable form;

(f) that at the time of the marriage the defendant was pregnant by some person other than the plaintiff.[42/2005]

Bars to relief where marriage is voidable
107. —(1) The court shall not, in proceedings instituted after 1st June 1981, grant a judgment of nullity on the ground that a marriage is voidable (whether the marriage took place before or after that date) if the defendant satisfies the court that —

(a) the plaintiff, with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the defendant as to lead the defendant reasonably to believe that he would not seek to do so; and

(b) it would be unjust to the defendant to grant the judgment.[42/2005]

(2) Without prejudice to subsection (1), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(c), (d), (e) or (f) unless it is satisfied that proceedings were instituted within 3 years from the date of the marriage.[42/2005]

(3) Without prejudice to subsections (1) and (2), the court shall not grant a judgment of nullity on the grounds mentioned in section 106(e) or (f) unless it is satisfied that the plaintiff was, at the time of the marriage, ignorant of the facts alleged.[42/2005]

(4) Subsection (1) replaces, in relation to the grounds mentioned in section 106, any rule of law whereby a judgment may be refused by reason of approbation, ratification or lack of sincerity on the part of the plaintiff or on similar grounds.[42/2005]

Marriage governed by foreign law
108. Where, apart from this Act, any matter affecting the validity of a marriage would fall to be determined (in accordance with the rules of private international law) by reference to the law of a country outside Singapore, nothing in section 105, 106 or 107 shall —

(a) preclude the determination of the matter as aforesaid; or

(b) require the application to the marriage of the grounds or bars to relief mentioned in those sections except so far as are applicable in accordance with those rules.[42/2005]

Application of sections 97 and 99 to nullity proceedings
109. Sections 97 and 99 shall apply in relation to proceedings for nullity of marriage as if for any reference in those sections to divorce there were substituted a reference to nullity of marriage.[42/2005]

Effect of judgment of nullity in case of voidable marriage
110. —(1) If the court finds that the plaintiff’s case has been proved, it shall grant a judgment of nullity.[42/2005]

(2) A judgment of nullity granted after 1st June 1981 on the ground that a marriage is voidable shall operate to annul the marriage only as respects any time after the judgment has been made final, and the marriage shall, notwithstanding the judgment, be treated as if it had existed up to that time.
[42/2005]

Legitimacy of children of annulled marriages
111. —(1) Where a marriage is annulled, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the judgment shall be deemed to be their legitimate child, notwithstanding the annulment.[42/2005]

(2) The child of a void marriage born on or after 2nd May 1975 shall be deemed to be the legitimate child of his parents if, at the date of such void marriage, both or either of the parties reasonably believed that the marriage was valid.[42/2005]
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