Singapore legislation

Clause 92

of Women’s Charter

Clause 92

Grounds of decree

(1)

A decree of nullity of marriage may be made on any of the following grounds: —

(a)

that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(b)

that the parties are within the prohibited degrees of consanguinity or affinity, whether natural or legal;

(c)

that either party was of unsound mind at the time of the marriage;

(d)

that the former husband or wife of either party was living at the time of the marriage and the marriage with such former husband or wife was then in force;

(e)

that the consent of either party to the marriage was obtained by force or fraud in any case in which the marriage might be annulled on this ground by the law of England;

(f)

that the marriage is invalid by the law of the place in which it was celebrated;

(g)

that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage;

(h)

that either party to the marriage was at the time of the marriage of unsound mind or subject to recurrent fits of insanity or epilepsy;

(i)

that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or

(j)

that the respondent was at the time of the marriage pregnant by some person other than the petitioner:Provided that, in the cases specified in paragraphs (h), (i) and (j) of this subsection, the court shall not grant a decree unless it is satisfied —

(i)

that the petitioner was at the time of the marriage ignorant of the facts alleged;

(ii)

that proceedings were instituted within a year from the date of the marriage; and

(iii)

that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree.

(2)

For the removal of doubts, it is hereby declared that in the case of a marriage celebrated under the provisions of the Christian Marriage Ordinance (Cap. 37), or of the Civil Marriage Ordinance (Cap. 38) or of this Ordinance, paragraph (d) of subsection (1) of this section shall apply where the former husband or wife was a husband or wife by virtue of a marriage contracted under either a monogamous or a polygamous system of marriage law.

(3)

Any child born of a marriage avoided pursuant to paragraph (h) or (i) of subsection (1) of this section shall be a legitimate child of the parties thereto notwithstanding that the marriage is so avoided.

(4)

Nothing in this section shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted.

Clause 92 — Women’s Charter | laws.sg