13 Bars to relief where marriage is voidable

13  Bars to relief where marriage is voidable

(1)     The court shall [not make a nullity of marriage order] on the ground that a marriage is voidable if the respondent satisfies the court—

(a)     that the [applicant], with knowledge that it was open to him to have the marriage avoided, so conducted himself in relation to the respondent as to lead the respondent reasonably to believe that he would not seek to do so; and

(b)     that it would be unjust to the respondent to [make the order].

[(2)     Without prejudice to subsection (1) above, the court shall not[make a nullity

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