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Solomon Islands

Summary of Domestic Prohibition

Slavery and slave trade

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Practices similar to slavery

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Servitude

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Forced or compulsory labour

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Human trafficking

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Forced marriage

Provisions related to forced marriage in the Solomon Islands are found in the 2016 Penal Code, which addresses abduction for marriage at Article 139 with a potential penalty of imprisonment for seven years.

Consent to marriage

There appears to be no legislation in Solomon Islands that requires consent to marriage.

Servile marriage

There appears to be no legislation in the Solomon Islands that prohibits servile matrimonial transactions.

Marriage trafficking

Provisions related to marriage trafficking in the Solomon Islands are found in the Immigration Act 2012, which prohibits trafficking for practice similar to slavery at Articles 70 and 76, with a potential penalty of imprisonment for maximum 5 years and/or a fine not exceeding 45,000 penalty units. Article 139 of the Penal Code 2016 also prohibits abduction and detaining for marriage, with a potential penalty of imprisonment for seven years.

Minimum age for marriage

The minimum age for marriage in the Solomon Islands without parental consent is 18, without differentiation by gender, as set out on Article 10(3) of the 1996 Islander’s Marriage Act. However, marriages below the minimum age are permitted with parental consent and agreement of the minister or religion or District registrar, as set out on Article 10(1) of the 1996 Islander’s Marriage. These exceptions are not differentiated by gender, and allow marriage as early as 15. Marriage under the age of 15 is an offence under Article 10(2) of the 1996 Islander’s Marriage, with a potential fine of one hundred dollars or imprisonment for six months.

Region

Asia-Pacific

Regional Court

Not party to a court

Legal System

Mixed

International Instruments

1926 Slavery Convention
03 September 1981
1953 Protocol to the Slavery Convention
03 September 1981
1956 Supplementary Slavery Convention
03 September 1981
1966 ICCPR
Not Party
1930 Forced Labour Convention
06 August 1985
2014 Protocol to the 1930 Forced Labour Convention
Not Party
1957 Abolition of Forced Labour Convention
13 April 2012
1999 Worst Forms of Child Labour Convention
13 April 2012
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1956 Supplementary Slavery Convention
03 September 1981
1966 ICCPR
Not Party
1966 Optional Protocol to the ICCPR
Not Party
1966 ICESCR
17 March 1982
2008 Optional Protocol to the ICESCR
Not Party
1962 Convention on Consent to Marriage, Minimum Age for Marriage and Registration of Marriages
Not Party
1957 Convention on the Nationality of Married Women
Not Party
1989 Convention on the Rights of the Child
10 April 1995
2000 Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography
05 May 2022
2011 Optional Protocol to the CRC on a communications procedure
Not Party
1979 Convention on the Elimination of All Forms of Discrimination against Women
06 May 2002
1999 Optional Protocol to CEDAW
06 May 2002
1978 Convention on the Celebration and Recognition of the Validity of Marriages
Not Party
2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons
Not Party
1998 Rome Statute of the ICC
Not Party
1999 Worst Forms of Child Labour Convention
13 April 2012

International Obligations

  • Slavery
  • Institutions and Practices Similar to Slavery
  • Forced Labour
  • Marriage Trafficking

Regional Organisations

  • Commonwealth
  • Bali Process

Legislative Provisions

THE CONSTITUTION OF SOLOMON ISLANDS 1978 (REV. 2009)
  1. Fundamental rights and freedoms of the individual

Whereas every person in Solomon Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, whatever his race, place of origin, political opinions, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely:

(a) life, liberty, security of the person and the protection of the law;

  1. Protection of right to personal liberty

(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say –

  1. Protection from slavery and forced labour

(1) No person shall be held in slavery or servitude.

(2) No person shall be required to perform forced labour.

(3) For the purposes of this section, the expression “forced labour” does not include –

(a) any labour required in consequence of the sentence or order of a court;

(b) any labour required of any person while he is lawfully detained that, though not required in consequence of the sentence or order of a court, is reasonably necessary in the interests of hygiene or for the maintenance of the place at which he is detained;

(c) any labour required of a member of a disciplined force in pursuance of his duties as such or, in the case of a person who has conscientious objections to service as a member of a naval, military or air force, any labour that that person is required by law to perform in place of such service;

(d) any labour required during any period of public emergency or in the event of any other emergency or calamity that threatens the life and well-being of the community, to the extent that the requiring of such labour is reasonably justifiable in the circumstances of any situation arising or existing during that period or as a result of that other emergency or calamity, for the purpose of dealing with that situation; or

(e) any labour reasonably required as part of reasonable and normal communal or other civic obligations.

  1. Protection from inhuman treatment

No person shall be subjected to torture or to inhuman or degrading punishment or other treatment.

  1. Protection of freedom of movement

(1) No person shall be deprived of his freedom of movement, and for the purposes of this section the said freedom means the right to move freely throughout Solomon Islands, the right to reside in any part of Solomon Islands, the right to enter Solomon Islands and immunity from expulsion from Solomon Islands.

The Constitution of Solomon Islands 1978 (revised 2009) (PDF)

PENAL CODE (AS AMENDED BY THE PENAL CODE AMENDMENT (SEXUAL OFFENSE) ACT 2016)

Article 41. General punishment for misdemeanours

When in this Code no punishment is specially provided for any misdemeanour, it shall be punishable with imprisonment for a term not exceeding two years or with a fine or with both.

Article 143. Child commercial sexual exploitation

(2) A person commits an offence if the person obtains commercial sexual services from a child.

Maximum penalty:

(a) if the child is under 15 years of age – 20 years imprisonment; or

(b) in any other case – 15 years imprisonment.

Article 145. Internal people trafficking

(1) In this section:

“exploitation” includes all forms of sexual exploitation (including sexual servitude), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;

“internal people trafficking”: a person engages in internal people trafficking if the person recruits, transports, harbours or receives another person within the Solomon Islands for the purpose of exploitation.

(2) A person commits an offence if the person engages in internal people trafficking by one or more of the following means:

(a) threats;

(b) use of force or other coercion;

(c) abduction;

(d) fraud;

(e) deception;

(f) abuse of power or of a position of trust;

(g) giving or receiving payments or benefits to obtain the consent of a person who has control over another person.

Maximum penalty:

(a) if the person who is trafficked is a child – 25 years imprisonment; or

(b) in any other case – 20 years imprisonment.

(3) A person commits an offence if the person engages in, or profits from, the exploitation of an internally trafficked person.

Maximum penalty: 15 years imprisonment.

Article 248. Definition of kidnapping and abduction

For the purposes of this Part of this Code-

(a) any person who conveys any person beyond the limits of Solomon Islands without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and

(b) any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person.

Article 251. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc.

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for ten years.

253. Child stealing

Any person who unlawfully, either by force or fraud, leads, or takes away, or decoys or entices away, or detains any child under the age of fourteen years, with intent to deprive any parent, guardian or other person having the lawful care or charge of such child, of the possession of such child, or with intent to steal any article upon or about the person of such child, to whomsoever such article may belong; and any person who with any such intent, receives or harbours any such child, knowing the same to have been by force or fraud led, taken, decoyed, enticed away, or detained, as in this section before mentioned, is guilty of a felony, and shall be liable to imprisonment for seven years:

Provided that no person who shall have claimed in good faith any right to the possession of such child, or is the mother or shall have claimed to be the father of an illegitimate child, shall be liable to be prosecuted by virtue hereof, on account of the getting possession of such child, or taking such child out of the possession of any person having the lawful charge thereof.

  1. Punishment for wrongful Confinement

Whoever wrongfully confines any person is guilty of a misdemeanour and shall be liable to imprisonment for one year or to a fine of four hundred dollars.

  1. Unlawful compulsory labour

Any person who unlawfully compels any person to labour against the will of that person is guilty of a misdemeanour.

Penal Code (as amended by the Penal Code Amendment (Sexual Offense) Act 2016) (PDF)

IMMIGRATION ACT 2012

Article 70. Definitions

In this Act, unless the contrary intention appears –

“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs;

“people trafficking”: a person engages in people trafficking if the person recruits, transports, harbours or receives another person (the trafficked person) for the purposes of exploitation;

Article 76. Offence of people trafficking

(1) A person commits an offence if the person engages in people trafficking by one or more of the following means –

(a) threats;

(b) use of force or other coercion;

(c) abduction;

(d) fraud;

(e) deception;

(f) abuse of power or of a position of trust;

(g) giving or receiving payments or benefits to obtain the consent of a person who has control over another person.

(2) A person who is convicted of an offence under subsection (1) is liable to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years or, to both.

Article 77. Offence of trafficking in children

A person who engages in people trafficking, by any means, when the trafficked person is aged under 18 commits an offence and is liable on conviction to a fine not exceeding 90,000 penalty units or to imprisonment for a term not exceeding 10 years or, both.

Article 78. Offence of exploiting a trafficked person

A person who engages in, or profits from, the exploitation of a trafficked person commits an offence and is liable on conviction to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years, or both.

Article 79. Consent of trafficked person is not relevant

For the purpose of sections 76, 77, and 78, it is not a defence that the trafficked person consented to the people trafficking or to the exploitation

Immigration Act 2012 (PDF)

THE ADOPTION ACT 2004
  1. Prohibition of certain payments

(1) Subject to the provisions of this section, it shall not be lawful to make or give to any person any payment or reward for or in consideration of –

(a) the adoption by that person of that infant;

(b) the grant by that person of any consent required in connection with the adoption of an infant;

(c) the transfer by that person of the care and possession of an infant with a view to the adoption of the infant; or

(d) the making by that person of arrangements for the adoption of an infant.

(2) Any person who makes or gives, or agrees or offers to make or give, any payment or reward prohibited by this section, or who receives or agrees to receive or attempts to obtain any such reward, shall be liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding one thousand dollars or to both, and the court may order any infant in respect of whom the offence was committed to be removed to a place of safety until he can be restored to his parents or guardian or until other arrangements can be made for him.

DIVORCE AND MATRIMONIAL CAUSES ORDINANCE 1961

PART XI PERJURY AND FALSE STATEMENTS AND DECLARATIONS 

False statements etc., with reference to marriage 

  1. Any person who-

(a) for the purpose of procuring a marriage or a certificate or licence for marriage knowingly and wilfully makes a false oath or makes or signs a false declaration notice or certificate required under any Act for the time being in force relating to marriage; or 

(b) knowingly and wilfully makes or knowing and wilfully fully causes to be made for the purpose of being in any register of marriage a false statement as to any particular required by law to be known and registered relating to any marriage; or 

(c) forbids the issue of any certificate or licence for marriage by falsely representing himself to be a person whose consent to the marriage is required by law knowing such representation to be false, shall be guilty of a misdemeanour, and shall be liable to imprisonment for seven years. 

136F Rape 

(1) A person commits an offence if the person has  sexual  intercourse with another person: 

(a) without the other person’s consent; and 

(b) knowing about or being reckless as to the lack of consent. 

Maximum penalty: Life imprisonment. 

(2) To avoid doubt, subsection (1) applies even if the persons are married or in a marriage-like relationship. 

(3) A person commits an offence if the person attempts to commit an offence under subsection (1). 

Maximum penalty: 

(a) if the offender is over 18 years of age and the victim is under 15 years of age – 20years imprisonment; or 

(b) otherwise – 15 years imprisonment. 

(4) A person commits an offence if the person: 

(a) attempts to commit an offence under subsection (1); and 

(b) in the course of the attempt, causes harm to the other person. 

Maximum penalty: 25years imprisonment. 

(5) A person commits an offence if the person: 

(a) attempts to commit an offence under subsection (1); and 

(b) in the course of the attempt, causes grievous harm to the other person. 

Maximum penalty: 30years imprisonment. 

 138 Indecent act without consent 

(1) A person commits an offence if the person commits an indecent act on or in the presence of another person: 

(a) without the other person’s consent; and 

(b) knowing about or being reckless as to the lack of consent. 

Maximum penalty:  

(a) if the victim is a child and the offender is a person in a position of trust in relation to the child – 10 years imprisonment; or 

(b) if the victim is under 13 years of age – 10 years imprisonment; or 

(c) if the victim is between 13 and 15 years of age –7 years imprisonment; or 

(d) in any other case – 5 years imprisonment. 

(2) To avoid doubt, subsection (1) applies even if the persons are married or in a marriage-like relationship.  

 PART XVI OFFENCES AGAINST MORALITY 

Abduction 

  1. Any person who, with intent to marry or have sexual intercourse with a woman of any age, or to cause her to be married or carnally known by any other person, takes her away, or detains her, against her will, is guilty of a felony, and is liable to imprisonment for seven years.

 PART XVII OFFENCES RELATING TO MARRIAGE 

Fraudulent pretence of marriage 

  1. Any person who wilfully and by fraud causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief, shall be guilty of a felony, and shall be liable to imprisonment for ten years.

 Marriage ceremony fraudulently gone through without lawful marriage 

  1. Any person who dishonestly or with fraudulent

intention goes through the ceremony of marriage, knowing that he is not thereby lawfully married, shall be guilty of a felony, and shall be liable to imprisonment for five years. 

 PART XXVI OFFENCES AGAINST LIBERTY 

Article 248. Definition of kidnapping and abduction 

For the purposes of this Part of this Code-  

(a) any person who conveys any person beyond the limits of Solomon Islands without the consent of that person, or of some person legally authorised to consent on behalf of that person, is said to kidnap that person; and 

(b) any person who by force compels, or by any deceitful means induces, any person to go from any place, is said to abduct that person. 

 Article 251. Kidnapping or abducting in order to subject person to grievous harm, slavery, etc. 

Any person who kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous harm, or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, is guilty of a felony, and shall be liable to imprisonment for ten years. 

 PART XXXVI FORGERY, COINING, COUNTERFEITING AND SIMILAR OFFENCES 

Forgery of certain documents with intent to defraud or deceive 

337.-(1) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for life. Any document whatsoever having thereon or affixed thereto the stamp or impression of the Great Seal of the United Kingdom, Her Majesty’s Privy Seal, any privy signet of Her Majesty, Her Majesty’s Royal Sign Manual, or any other of Her Majesty’s official seals, or the National Seal of Solomon Islands. 

(2) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for fourteen years- 

(a) any register or record of births, baptisms, namings, dedications, marriages, deaths, burials or cremations, which now is, or hereafter may be, by law authorised or required to be kept, relating to any birth, baptism, naming, dedication, marriage, death, burial or cremation, or any part of any such register, or any certified copy of any such register, or of any part thereof; 

(b) any copy of any register of baptisms, marriages, burials or cremations, directed or required by law to be transmitted to any registrar or other officer; 

(c) any certified copy of a record purporting to be signed by any officer having charge of any public documents or records; 

(d) any wrapper or label provided by or under the authority of the Chief Accountant or the Comptroller of Customs and Excise. 

(3) Forgery of any of the following documents, if committed with intent to defraud or deceive, is a felony, and punishable with imprisonment for seven years- 

(a) any official document whatsoever of or belonging to any court of justice, or made or issued by any Judge, Magistrate, officer or clerk of any such court; 

(b) any register or book kept under the provisions of any law in or under the authority of any court of Justice; 

(c) any certificate, office copy or certified copy of any such document, register, or book or of any part thereof; 

(d) any document which any Magistrate is authorised or required by law to make or issue; 

(e) any document which any person authorised to administer an oath under any law is authorised or required by law to make or issue; 

(f) any document made or issued by a head of a Government department or law officer of the Crown, or any document upon which, by the law or usage at the time in force, any court of justice or any officer might act; 

(g) any document or copy of a document used or intended to be used in evidence in any court of record, or any document which is made evidence by law; 

(h) any certificate or consent required by any Act for the celebration of marriage; 

(i) any licence for the celebration of marriage which may be given by law; 

(j) any certificate, declaration or order under any enactment relating to the registration of births or deaths; 

(k) any register, book, builder’s certificate, surveyor’s certificate, certificate of registry, declaration, bill of sale, instrument of mortgage, or certificate of mortgage or sale, under Part I of the Merchant Shipping Act, 1894, or any entry or endorsement required by the said Part of the said Act to be made in or on any of those documents; 57 and 58 Vict., c. 60 

(l) any permit, certificate or similar document made or granted by or under the authority of the Comptroller of Customs and Excise or any other officer of Customs and Excise; 

(m) any certificate not heretofore specified. 

 Forging registers of births, baptisms, marriages, deaths or burials 

  1. Any person who knowingly and unlawfully inserts, or causes or permits to be inserted, in any register of birth, baptisms, marriages, deaths or burials which now is or hereafter shall be by law authorised or required to be kept, or in any certified copy thereof, any false entry of any matter relating to any birth, baptism, marriage, death or burial, or knowingly and unlawfully gives any false certificate relating to any birth, baptism, marriage, death or burial, or certifies any writing to be a copy or extract from any such register, knowing such writing, or the part of such register whereof such copy or extract shall be so given, to be false in any material particular, or offers, utters, disposes of or puts off any such register, entry, certified copy or certificate, knowing the same to be false, or offers, utters, disposes of or puts off any copy of any entry in any such register, knowing such entry to be false, is guilty of a felony, and shall be liable to imprisonment for life.

 Making false entry in copies of register sent to registrar 

  1. Any person who knowingly and wilfully inserts, or causes or permits to be inserted, in any copy of any register directed or required by law to be transmitted to any registrar or other officer any false entry of any matter relating to any baptism, marriage, or burial, or knowingly and wilfully signs or verifies any copy of any register so directed or required to be transmitted as aforesaid, which copy is false in any part thereof, knowing the same to be false, or for any fraudulent purpose takes from its place of deposit or conceals any such copy of any register, is guilty of a felony, and shall be liable to imprisonment for life.

Solomon Islands Penal Code (Amdt) (Sexual Offences) Act 2016-English-PDF.

IMMIGRATION ACT 2012

Article 70. Definitions 

In this Act, unless the contrary intention appears –  

“exploitation” includes all forms of sexual exploitation (including sexual servitude and exploitation of another person’s prostitution), forced labour or services, slavery or practices similar to slavery, servitude and the removal of organs; 

“people trafficking”: a person engages in people trafficking if the person recruits, transports, harbours or receives another person (the trafficked person) for the purposes of exploitation; 

 Article 76. Offence of people trafficking 

(1) A person commits an offence if the person engages in people trafficking by one or more of the following means –  

(a) threats; 

(b) use of force or other coercion;  

(c) abduction; 

(d) fraud; 

(e) deception; 

(f) abuse of power or of a position of trust; 

(g) giving or receiving payments or benefits to obtain the consent of a person who has control over another person. 

(2) A person who is convicted of an offence under subsection (1) is liable to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years or, to both.  

 Article 77. Offence of trafficking in children 

A person who engages in people trafficking, by any means, when the trafficked person is aged under 18 commits an offence and is liable on conviction to a fine not exceeding 90,000 penalty units or to imprisonment for a term not exceeding 10 years or, both.  

 Article 78. Offence of exploiting a trafficked person 

A person who engages in, or profits from, the exploitation of a trafficked person commits an offence and is liable on conviction to a fine not exceeding 45,000 penalty units or to imprisonment for a term not exceeding 5 years, or both.  

 Article 79. Consent of trafficked person is not relevant 

For the purpose of sections 76, 77, and 78, it is not a defence that the trafficked person consented to the people trafficking or to the exploitation.  

Solomon Islands Immigration Act-English-PDF.

ISLANDERS MARRIAGE ACT 1945, amended 1996

Age of parties and consents 

10.-(1) No  marriage  shall be celebrated under this Act unless it has been established to the satisfaction of the minister of religion or District Registrar that each of the parties has attained the age of fifteen years. 

(2) Any Islander knowing himself or herself to be under the age of fifteen years who contracts a  marriage  before a minister of religion or District Registrar, and any minister of religion or District Registrar who knowingly celebrates the  marriage  of an Islander under the age of fifteen years, shall be guilty of an offence, and shall be liable to a fine of one hundred dollars or to imprisonment for six months. 

(3) No Islander (not being a widower or widow) under the age of eighteen years may be married without the written consent of the father, or if he be dead or of unsound mind or absent from the district, of the mother, or if both be dead or of unsound mind or absent from the district, of the guardian of such Islander: 

Provided, however; that where such Islander has no father, mother, or guardian, a Judge or Magistrate may, if satisfied after due inquiry that the application to marry is a proper one, give such consent. 

(4) If the person required to sign such consent is unable to write or is insufficiently acquainted with the English language, or both, he shall sign such consent by placing his mark or cross thereto, in the presence of a Judge, Magistrate, District Registrar or minister of religion and such signature shall be attested by such person in the Form B in the First Schedule hereto. 

 Objection to  marriage  

11.-(1) When two Islanders desire to contract a  marriage  before a minister of religion or District Registrar and notice of such intended  marriage  has been given, any person whose consent to a  marriage  is required, or who may know of any just cause either District Registrar cause why the  marriage  should not take place, may give notice, either orally or in writing, to the minister of religion or the District Registrar, as the case may be, stating the reasons why he objects to such  marriage  being celebrated. 

(2) On receipt of such notice, the minister of religion or District Registrar shall cause the word “forbidden” to be entered in the register or Islanders’  marriage  notice book as the case may be, and shall make full inquiry as to the genuineness or otherwise of the objection to the  marriage . 

(3) If the minister of religion or District Registrar is satisfied that no objection exists he shall cancel the word “forbidden” and make and sign an entry in the register or Islanders’  marriage  notice book to the effect that after investigation the objection was not sustained, and the  marriage  may then be celebrated as if no objection thereto had been made. 

(4) If, on investigation, the objection is be a valid one an entry to that effect, duly signed, shall be made in the register or Islanders  marriage  notice book, and the  marriage  shall not be celebrated. 

(5) Any person who, without sufficient and proper cause, wilfully gives notice of objection to a  marriage  shall be guilty of an offence, and shall be liable to a fine of twenty dollars, and in default of payment, to imprisonment for two months. 

 Voluntary registration of  marriages  in accordance with custom 

18.-(1) Any Islanders who have contracted a  marriage  in accordance with the custom of Islanders may apply to the District Registrar of the District in which they reside to have the  marriage  registered under this Act. 

(2) Each of the parties to such  marriage  shall make a declaration before the District Registrar in the Form F in the First Schedule hereto. 

(3) On the completion of such declaration the District Registrar shall register the  marriage  in the District  Marriage  Register. 

 Penalty for false declaration 

  1. Any person who makes a false declaration for any of the purposes of this Act shall be guilty of an offence and shall be liable to a fine of one hundred dollars or to imprisonment for six months.

 

 

ISLANDERS DIVORCE ACT 1960, amended 1996

Decree of nullity in respect of void marriage 

  1. A marriage is void and the Court shall pronounce a decree of nullity in respect thereof if it is proved –

(a) that at the time of the ceremony of marriage one of the parties was already married and the earlier marriage was still subsisting; or 

(b) that the marriage was induced by duress or mistake; 

… 

 Decree of nullity in respect of voidable marriage 

  1. – (1) A marriage is voidable and upon the application of the petitioner the Court shall pronounce a decree of nullity in respect thereof, if it shall be proved –

(a) that the marriage has not been consummated owing to the incapacity or wilful refusal of the respondent to consummate the marriage; or 

…