Women’s Charter 1961 · 2020 Revised Edition · Part 10
107. Bars to relief where marriage is voidable
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The court shall not, in proceedings instituted after 1 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 respondent satisfies the court that —
place
“place” means any building, house, office, flat, room or cubicle or any part thereof, and any open or enclosed space and includes a ship, boat or any vessel, whether afloat or not, and any vehicle;
the applicant, with knowledge that it was open to him or her to have the marriage avoided, so conducted himself or herself in relation to the respondent as to lead the respondent reasonably to believe that the applicant would not seek to do so; and
it would be unjust to the respondent to grant the judgment.
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.
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 applicant was, at the time of the marriage, ignorant of the facts alleged.
applicant
“applicant” means a person who makes a maintenance enforcement application;
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 applicant or on similar grounds.