Additional grounds for decree of nullity

(1) In addition to any other grounds on which a marriage is by law void or voidable, a marriage shall be voidable on the (a) that the marriage has not been consummated owing to the wilful refusal of the respondent to consummate the marriage; (b) that either party to the marriage was at the time of the marriage of unsound mind or a mental defective within the meaning of any Act relating to unsoundness of mind, or subject to recurrent fits of insanity or epilepsy; (c) that the respondent was at the time of the marriage suffering from venereal disease in a communicable form; or (d) that the respondent was at the time of the marriage, pregnant by some person other than the petitioner, 79 Provided that, in the cases specified in paragraphs (b), (c) and (d), the Court shall not grant a decree unless it is satisfied– (i) that the petitioner was at the time of the marriage ignorant of the facts alleged; (ii) that were instituted within a year from the date of the marriage; and (iii) that marital intercourse with the consent of the petitioner has not taken place since the discovery by the petitioner of the existence of the grounds for a decree. (2) Any child born of a marriage avoided pursuant to sub- section (1)(b) or (c), shall be a legitimate child of the parties thereto notwithstanding that the marriage is so avoided. (3) Nothing in this section shall be construed as validating any marriage which is by law void, but with respect to which a decree of nullity has not been granted.