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Report No. 59

3.12. Current statutory provision.-

The current statutory provision in England on the subject reads:

12. A marriage celebrated after 31st July, 1971, shall be voidable on the following grounds only, that is to say-

(c) that either party to the marriage did not validly consent to it, whether in consequence of duress, mistake, unsoundness of mind; or

(d) that at the time of the marriage either party, though capable of giving a valid consent, was suffering (whether continuously or intermittently) from mental disorder within the meaning of the Mental Health Act, 1959, of such a kind or to such on extent as to be unfitted for marriage;

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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