When is a marriage voidable?

When is a marriage voidable?

• A. Lack of consent; pregnancy; non-communication
• B. Adultery
• C. Separation for two years
• D. Desertion

Answer: (A)

A marriage becomes voidable when there is a defect at the time of the ceremony that means genuine consent wasn’t given. The most important example among the choices is lack of consent: if one party did not freely agree to marry—due to coercion, fraud, misrepresentation, or incapacity such as extreme intoxication or mental impairment—the marriage can be annulled by a court and is considered voidable. Pregnancy by itself isn’t a defect that renders a marriage voidable; it doesn’t show the ceremony was invalidly formed. Non-communication isn’t a recognized ground for voiding a marriage. The other issues listed—adultery, separation for an extended period, and desertion—are matters typically relevant to divorce or dissolution, not to the validity of the marriage itself.

A marriage becomes voidable when there is a defect at the time of the ceremony that means genuine consent wasn’t given. The most important example among the choices is lack of consent: if one party did not freely agree to marry—due to coercion, fraud, misrepresentation, or incapacity such as extreme intoxication or mental impairment—the marriage can be annulled by a court and is considered voidable.

Pregnancy by itself isn’t a defect that renders a marriage voidable; it doesn’t show the ceremony was invalidly formed. Non-communication isn’t a recognized ground for voiding a marriage. The other issues listed—adultery, separation for an extended period, and desertion—are matters typically relevant to divorce or dissolution, not to the validity of the marriage itself.