Report No. 90

4.8. Annulment in canon law-concrete points considered.-

In this connection, we may again state that concrete points as to the detects, if any, in the existing legal approach have been made in only one article on the subject. This is an article by Mr. Kenneth A. Phillips. Pleading for the recognition by Civil Courts of a pronouncement of nullity made by the Church, he states that the conditions laid down by the canon law of the Catholic Church for an annulment of the marriage, among other grounds, are:-

(1) The inability to assume and perform the essential marital obligations and duties.

(2) The wilful deception of the other party with regard to a quality which, by its own nature, seriously perturbs conjugal life and this deception is done in order to obtain the other's consent.

(3) Lack of will or intention to get married.

Concentrating on these three circumstances, we have devoted some thought to the question whether, and if so, how far the Indian Divorce Act, 1869, as it stands at present, provides for these circumstance as constituting a ground for matrimonial relief amongst Christians.