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Report No. 90

4.11. Lack of will to get married.-

This leaves the third ground for nullity recognised in canon law (as referred to by Mr. Phillips)1 namely lack of will or intention to get married. To some extent this situation would, even now, be covered by the Indian Divorce Act, if the other party has been guilty of fraud (section 19, last paragraph, Indian Divorce Act).2 The case, of course, is not covered where the party against whom relief is sought is unaware of the state of mind of the clain ant (.e. of the claimant's lack of the will to get married). This would be a case of unilateral misconception on the part of one spouse, not induced by other spouse. But for that, all serious defects of the will seem to have been provided for in the present law.

1. Para. 4.8, s' pra.

2. Para. 4.10, supra.

The Grounds of Divorce amongst Christians in India - Section 10 of the Indian Divorce Act, 1869 Back

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