A marriage can only occur between a woman
and a man if they are 17 years and older. The courts however may have
the discretion as to allowing the marriage to take place if they are to
marry before attaining such age. This could be by means of the parents
giving consent to the marriage for the man or woman aged older than 17
years old until they reach legal age (20 years old). For the man or
woman is aged not over 17 years, the marriage should get consent from
the court to grant the permission for such a marriage. Any marriage of
man or woman age 17 years old until reach legal age (20 years old) and
without the consent of the parents, it would be deemed a voidable
marriage. Any marriage of man or woman age not over 17 years old and
without the consent from the court to grant the permission, it would be
deemed a voidable marriage.
This is a marriage occurring where the
parties have mistaken each otherís identities or one has been mistaken
by the identity of another, such marriage shall be deemed to be voidable.
An example for Section 1505 such as the male party desires to marry with
the elder twin sister, but at the time of the marriage registration, the
younger twin sister takes her place for marriage; in this case the
marriage shall be deemed to be voidable and the male party should file
the case for termination the marriage to the court within 90 days since
the date of marriage registration.
This is a marriage voidable on account of
fraud to such an extent that the marriage would never have taken place.
An example for Section 1506 such as the female party is pregnant with
another manís child but tells a lie to the male party that she is a
virgin, the male party taking her word and gets marry with her; in this
case the marriage shall be deemed to be voidable and the male party
should file a case for termination the marriage to the court within 90
days since the date of marriage registration.
This is a marriage that is voidable on
account of duress without which the marriage would never have occurred.
An example for Section 1506 such as Robert and Lek are friends. One day
Lekís father discovers the Lek is pregnant and says that Robert has to
marry her or he will ensure that bad things happen to Robert. In fear of
his life he marries Lek; in this case the marriage shall be deemed to be
voidable and the male party should file the case for terminating the
marriage to the court within one year since the date of being free from
The right to apply for cancellation of
the marriage on account of duress shall be terminated after the lapse of
one year from the day on which the spouse is free from duress. Therefore even though they have been married for 2 years the threat to
life and limb was still there. Robert would have one year to apply for
the annulment after being free from duress.
The marriage made without consent of the
persons mentioned in Section 1454 is voidable.