Section 106 of the Women’s Charter sets out an exhaustive list of situations where a marriage is considered voidable:-
a) Non-consummation due to inability (Section 106(a) of the Women’s Charter)
This refers to a situation where a marriage is not consummated because either you or your spouse is unable to consummate it, for example where a husband is impotent. In this situation, either you or your spouse may apply to annul the marriage.
b) Non-consummation due to refusal (Section 106(b) of the Women’s Charter)
This is a situation where the marriage is not consummated because you or your spouse knowingly refuses to consummate it.
In this situation, the party who refused to consummate the marriage cannot apply to annul it and only the other party can apply for an annulment.
However, do take note that if the lack of consummation is due to any other reason, such as having a mutual agreement between both of you to never engage in sexual intercourse for example will not be a valid ground for a judgment of nullity, as that marriage will not be voidable. It is also important to take note that the inability to conceive is irrelevant, as consummation is unrelated to conception.
Questions
1. Did he suffer from erectile dysfunction?
2. If no, did he knowingly refuse to fuck her? Or was it she who refuses to be fucked?
3. Who initiated the annulment proceedings?
:
a) Non-consummation due to inability (Section 106(a) of the Women’s Charter)
This refers to a situation where a marriage is not consummated because either you or your spouse is unable to consummate it, for example where a husband is impotent. In this situation, either you or your spouse may apply to annul the marriage.
b) Non-consummation due to refusal (Section 106(b) of the Women’s Charter)
This is a situation where the marriage is not consummated because you or your spouse knowingly refuses to consummate it.
In this situation, the party who refused to consummate the marriage cannot apply to annul it and only the other party can apply for an annulment.
However, do take note that if the lack of consummation is due to any other reason, such as having a mutual agreement between both of you to never engage in sexual intercourse for example will not be a valid ground for a judgment of nullity, as that marriage will not be voidable. It is also important to take note that the inability to conceive is irrelevant, as consummation is unrelated to conception.
Questions
1. Did he suffer from erectile dysfunction?
2. If no, did he knowingly refuse to fuck her? Or was it she who refuses to be fucked?
3. Who initiated the annulment proceedings?
: