Report No. 90

4.9. Comparison with Divorce Act.-

Taking up, one by one, the concrete situations referred to by Mr. Phillips, we note that the first situation mentioned above (inability of a spouse, to assume, etc. essential marital duties) is substantially covered by section 19(1) of the Indian Divorce Act, 1869. According to that section,1 impotency of the respondent at the time of marriage and at the time of the institution of the suit empowers the civil court to make a decree of nullity of marriage.

1. Para. 4.7, supra.