Home VOL. 9 (2023) An Evaluation of the Grounds on which a Marriage May be Void...

An Evaluation of the Grounds on which a Marriage May be Void or Voidable

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Abstract

This paper evaluates the grounds on which a marriage maybe void or voidable. The paper states that, where a marriage is either void or voidable, nullity of marriage covers the situations and that marriage is an act which enables a man and a woman to accept each other as husband and wife, leading to marital relationship involving social expectations, reflecting the inherent culture of the people. The paper further states that, persons who intend to marry in Nigeria, may marry under the statute or under the various customary laws. The objective of this paper is to reveal the distinction between a void marriage and a voidable marriage. The researcher adopted the doctrinal research method. The paper recommends that parties who intend to marry under the statute should adhere strictly to the laws regulating marriage in the jurisdiction or locality where the marriage is intended to take place. The paper concludes that, a void marriage is a marriage without legal efficacy and incapable of being enfored by law. While, a voidable marriage is valid and not ipso factovoid, until sentence of nullity is obtained

Authors: B. O. Alloh