Declaration of invalidity.

(a) The Court of Indian Offenses shall enter a decree declaring the invalidity of a marriage entered into under the following circumstances: (1) A party lacked capacity to consent to the marriage, either because of mental incapacity or infirmity or by the influence of alcohol, drugs, or other incapacitating substances; or (2) A party was induced to enter into a marriage by fraud or duress; or (3) A party lacks the physical capacity to consummate the marriage by sexual intercourse and at the time the marriage was entered into, the other party did not know of the incapacity; or (4) The marriage is prohibited under § 11.603. (b) A declaration of invalidity may be sought by either party to the marriage or by the legal representative of the party who lacked capacity to consent.