Grounds on which a Marriage may be Voidable

Section 12 MCA 1973 provides that a marriage is voidable where: (a) the marriage has not been consummated owing to the incapacity of either party to consummate it; (b) the marriage has not been consummated owing to the wilful refusal of the respondent to consummate it; (c) either party to the marriage did not validly consent to it, whether in conse­quence of duress, mistake, unsoundness of mind or otherwise; (d) 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 1983 of such a kind or to such an extent as to be unfitted for marriage; (e) at the time of the marriage, the respondent was suffering from venereal disease in a communicable form; (f) at the time of the marriage, the respondent was pregnant by some person other than the petitioner. (g)that an Interim Gender Recognition Certificate under the Gender Recognition Act 2004 has, after the time of the marriage, been issued to either party to the marriage; (h) that the respondent is a person whose gender at the time of the marriage has become the acquired gender under the Gender Recognition Act 2004.