key to the study guide - Name

70
ACTIVITY
Place each of the following sets of facts into the correct column of the table
below in order to indicate which marriages are void and which are
voidable.
(1) At the time of H and W's marriage, W is pregnant with T's child.
After the solemnisation of the marriage H discovers the pregnancy.
(2) A man of 21 years of age concludes a marriage with an 11-year-old
girl.
(3) At the time of H and W's marriage, W was mentally ill.
(4) H and W's marriage was solemnised by O who is not a competent
marriage officer.
(5) At the time of the solemnisation of H and W's ``marriage'' in the
magistrate's office, H had the intention of contracting a marriage
with W, while W was of the opinion that the transaction was about
the registration of an engagement.
(6) H and W, both 20 years of age, conclude a marriage against the
wishes of both their parents, and consequently without their parents'
consent.
(7) After entering into marriage with H, W finds out that H is impotent
and was already impotent before contracting the marriage.
(8) O, a competent marriage officer solemnises the marriage between H
and W. O, H and Ware the only persons present at the solemnisation.
(9) H, whose wife is dying, concludes a marriage with W.
(10) H concluded a marriage with W. At the time of entering into the
marriage, W was aware of the fact that she was sterile but concealed
this out of fear that H would no longer want to marry her.
VOIDABLE MARRIAGE VOID MARRIAGE
FEEDBACK
(1); (5); (6); (7) and (10) belong in the first column and (2); (3); (4); (8)
and (9) belong in the second column.
2.3 The consequences of a voidable marriage
Avoidablemarriageremainsinforceuntilitissetasidebyacourtorder.
Study the discussion of the consequences of a voidable marriage on pages
45±46 of the textbook.