key to the study guide - Name

(3) When only can a man apply for the annulment of his marriage on the
ground of stuprum?
FEEDBACK
(1) True.
(2) Stuprum is extra-marital sexual intercourse with a third party before
the marriage.
(3) A man can apply for the annulment of his marriage on the ground of
stuprum only if he was unaware that his wife was pregnant with
another man's child at the time of the marriage.
Material mistake Material mistake as a ground for voidability of a marriage, was discussed
in study unit 5. Please study that part of study unit 5 once again and the
discussion on pages 28±29 of the textbook.
Impotence In respect of impotence, it is important to note that the one spouse has to
prove that the other was already impotent before entering into the
marriage. Either spouse may apply for the annulment of the marriage,
provided that he or she was unaware of the impotence at the time of
entering into marriage. Also note the circumstances in which the applicant
will fail with an application for annulment.
68
ACTIVITY
Read the section on page 44 of your prescribed textbook which deals with
impotence and then answer the following questions:
(1) Define impotence in one sentence.
(2) When is a marriage voidable on the ground of impotence?
(3) Name the circumstances in which the applicant will fail with his or
her application for the annulment of the marriage on the ground of
impotence.
FEEDBACK
(1) Impotence is the inability to have sexual intercourse.
(2) A marriage is voidable on the ground of impotence when one spouse
proves that the other spouse was already impotent before entering
into the marriage, and still is impotent, and that the first-mentioned
spouse was unaware of the impotence at the time of entering into the
marriage.
(3) An application for the annulment of the marriage, on the ground of
impotence, will fail under the following circumstances:
(a) If the applicant was aware of the impotence, or