Guardian unable or refusing to consent

(1) If, (a) the person whose consent is necessary to a marriage is non compos mentis, or absent from Belize, or otherwise incapable as aforesaid of consenting, or refuses his or her consent; or (b) there is no one capable of consenting, 11 the person wishing to marry may apply by petition to a justice of the Supreme Court, who is hereby empowered to proceed upon the petition in a summary way. (2) If upon examination, the marriage proposed appears to be proper, the judge shall judicially declare that the marriage is proper and order that it be solemnised forthwith. (3) Every marriage duly solemnised in pursuance and under the authority of any such order shall be as good, valid and effectual to all intents and purposes whatever, as if the consent had been given by the person whose consent is required. (4) Rules of court may be made for enabling applications under this section, and shall provide that, where an application is made in consequence of a refusal to give consent, notice of the application shall be served on the person who has refused