(1)Any marriage solemnized under this Act shall be null and void [and may, on a petition presented by either party thereto against the other party, be so declared] [Substituted by Act 68 of 1976, Section 25, for "and may be so declared" (w.e.f. 27.5.1976).] by a decree of nullity if(i)any of the conditions specified in clauses (a), (b), (c) and (d) of section 4 has not been fulfilled; or(ii)the respondent was impotent at the time of the marriage and at the time of the institution of the suit.(2)Nothing contained in this section shall apply to any marriage deemed to be solemnized under this Act within the meaning of section 18, but the registration of any such marriage under Chapter III may be declared to be of no effect if the registration was in contravention of any of the conditions specified in clauses (a) to (e) of section 15:Provided that no such declaration shall be made in any case where an appeal has been preferred under section 17 and the decision of the District Court has become final.Modifications .In its application to marriages referred to in section 18(1) of the Foreign Marriage Act, 1969 (33 of 1969), section 24 shall be subject to the following modifications, namely:(i)the references in sub-section (1) to clauses (a), (b), (c) and (d) of section 4, shall be construed as references to clauses (a) to (d) of section 4 of the Foreign Marriage Act, 1969; and(ii)nothing contained in this section shall apply to any marriage(a)which is not solemnized under that Act, i.e., 33 of 1969; or(b)which is deemed to be solemnized under the said Act by reason of the provisions of section 17 of that Act:Provided that the registration of any such marriage referred to in clause (b)above may be declared to be of no effect if the registration was in contravention of sub-section (2) of section 17 of that Act, i.e., 33 of 1969See section 18(2) of the Foreign Marriage Act, 1969 (33 of 1969).
