SOAS Research Online

Abstract

The first Chapter investigates the question: whether nullity existed in the dharmasastra. Chapter Two is concerned with bigamy as ground for nullity. The essential requirements to obtain relief where either party has a spouse living at the time of the marriage have been discussed. In Chapter Three degrees of prohibited relationship, degrees of Sapi4a relationship, and essential requirements of a custom permitting such a marriage have been dealt with. Chapter Four defines impotence, considers instances amounting and not amounting to impotence. The media and standard of proof of impotence, factors limiting the Court's jurisdiction has also been considered. Chapter Five considers mental incapacity sufficient to annul a marriage and the test to be applied in such a case. Chapter Six defines force, that will suffice to entitle the petitioner to petition for a decree of nullity. Similarly, it defines the fraud and investigates the sort of concealment or misrepresentation that will suffice to entitle deceived party to petition for a decree of nullity. Chapter Seven deals with concealed pregnancy as a ground for nullity. An attempt has been made to define such terms as "ignorant", "discovered" and "intercourse with the consent of the petitioner". Similarly the nature and standard of proof has also been considered. Chapter Eight deals with venereal disease as a ground for nullity under the Kenya Ordinance and considers to what extent this ground may be adopted under the HMA or Uganda Ordinance.