Div 3Petitions for Nullity of Marriage.

Division 3.—Petitions for Nullity of Marriage.

45. A petition for a decree of nullity of a marriage shall be in accordance with Form 6.

Ground for relief to be stated in petition.

46. A petition for a decree of nullity of marriage shall indicate whether the decree is sought on the ground that the marriage is void or on the ground that the marriage is voidable, and shall state the nature of the defect in the marriage.

Petition to state domicile at time of marriage.

47. In a petition for a decree of nullity of marriage, if the domicile of either of the parties immediately before the marriage is relevant to the determination of the proceedings, the petition shall state that domicile.

Petition for nullity— voidable marriage.

48.—(1.) In a petition for a decree of nullity of marriage on the ground that a marriage is voidable by virtue of paragraph (b), (c) or (d) of sub-section (1.) of section 21 of the Act, the date on which the petitioner discovered the existence of the facts constituting the ground and the date on which marital intercourse last took place with the consent of the petitioner shall be stated in addition to any other facts stated in pursuance of paragraph (g) of rule 28 of these Rules.

(2.) A petition instituting proceedings for a decree of nullity of marriage on a ground referred to in the last preceding sub-rule shall contain a statement that the petitioner was, at the time of the marriage, ignorant of the facts constituting the ground.

Arrangements for welfare of children.

49. Rule 41 of these Rules applies in relation to a petition for a decree of nullity of a voidable marriage as if the references in that rule to a decree of dissolution of marriage were references to a decree of nullity of a voidable marriage.