Report No. 90

4.7. Section 19, Divorce Act.-

Let us quote section 19 of the Indian Divorce Act 1869, which reads as under:-

"19. Grounds of decree.- Such decree1 may be made on any of the following grounds:

(1) that the respondent was impotent at the time of the marriage and at the time of the institution of the suit;

(2) that the parties are within the prohibited degrees of consanguinity (whether natural or legal) or affinity;

(3) that either party was a lunatic or idiot at the time of the marriage;

(4) that the former husband or wife or either party was living at the time of the marriage; and the marriage with such former husband or wife was then in force."

Nothing in this section shall affect the jurisdiction of the High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud. We proceed to examine if the section leaves out any important ground of nullity that might have been canvassed in the view pressed on this subject.

1. Decree of nullity.