Revised Laws of Saint Lucia (2021)

13.   Additional grounds for nullity decree

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    (1)   In addition to any other grounds on which a marriage is by law void or voidable, a marriage is, subject to subsection (2) voidable on the ground—

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      (a)     that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; or

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      (b)     that at the time of the marriage, either party to the marriage—

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        (i)     was suffering from mental disorder of such a kind or to such an extent as to be unfitted for marriage and the procreation of children, or

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        (ii)     was subject to recurrent attacks of insanity or epilepsy;

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

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      (d)     that the respondent was at the time of the marriage pregnant by some person other than the petitioner.

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    (2)   The Court shall not grant a decree of nullity in a case falling within subsection (1)(b), (1)(c) or (1)(d) unless it is satisfied that—

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      (a)     the petitioner was at the time of the marriage ignorant of the facts alleged;

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      (b)     proceedings were instituted within a year from the date of the marriage; and

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      (c)     marital intercourse with the consent of the petitioner has not taken place since the petitioner discovered the existence of the grounds for a decree.

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    (3)   This section shall not be construed as validating a marriage which is by law void but with respect to which a decree of nullity has not been granted.