Grounds on which marriage is voidable

Ground	Definitions	Who can file for annulment?	Time Limit
The marriage is not consummated due to the incapacity of either party.	What is ‘non-consummation of marriage’? The marriage is deemed not consummated when parties have not engaged in at least one complete act of sexual intercourse after the solemnization of the marriage. ‘Incapacity’ to consummate the marriage This refers to both physical and psychological incapacity which is permanent and incurable.	Either party.	No time limit.
The marriage is not consummated due to the wilful refusal of one party.	What is ‘wilful refusal’? Persistent requests for sexual intercourse were made by one party, but the requests were rebuffed by the other party.	Only the party who tried to consummate but was persistently rebuffed can rely on this ground.	No time limit.
Either party to the marriage did not validly consent to it.	What constitutes lack of valid consent? Parties may have given apparent consent by participating in the solemnization of marriage, but this consent may still be invalid if it was given under any duress, mistake or mental disorder.	Either party.	3 years from date of marriage.
At the time of the marriage either party though capable of giving a valid consent, was suffering from a mental disorder to such an extent as to be unfit for marriage.	What constitutes mental disorder? Under the Mental Health (Care and Treatment) Act 2008, “mental disorder” means any mental illness or any other disorder or disability of the mind, and “mentally disordered” shall be construed accordingly.	Either party.	3 years from date of marriage.
One party was suffering from venereal disease in a communicable form at the time of the marriage and the other party does not know.	What constitutes “venereal disease in a communicable form”? It is helpful to refer to the Infectious Diseases Act, which lists the following as sexually transmitted diseases: 1. Chlamydia Genital Infection. 2. Genital Herpes. 3. Gonorrhoea. 4. Non-Gonococcal Urethritis. 5. Syphilis.	Only the party who is not suffering from venereal disease in a communicable form at the time of the marriage can rely on this ground.	3 years from date of marriage.
The wife was pregnant by some other person other than the husband at the time of the marriage and the husband does not know.	-	Only the husband can rely on this ground.	3 years from date of marriage.