Report No. 90

4.12. Lack of will to get married-situation analysed.-

Let us elaborate the point made above, by dealing with the various possible factors that bring out lack of volition. Lack of will to get married may generally arise as a result of one of the following factors:-

(i) Insanity;1

(ii) misconc ption2 induced by fraud of the opposite party;

(iii) duress;3

(iv) misconception4 not induced by fraud of the opposite party.

The first three factors are, in substance, taken care of by the present law applicable to Christians, as contained in the section 19(1), Indian Divorce Act.5 The fourth situation, i.e., the situation where a misconception not induced by the opposite party is responsible for a "marriage" undergone without the intention to get married, may not fall within four corners of the provisions of the Indian Divorce Act, 1869. But such cases, we hope, will not be many, and may not, therefore, call for any urgent reform to be taken up in isolation from a comprehensive) review of the Act.

1. See section 19(3), Indian Divorce Act, 1869.

2. See section 9, last para., Indian Divorce Act, 1869.

3. See section 19, last para., Indian Divorce Act, 1869.

4. Not covered by the Indian Divorce Act, 1869, at present.

5. Para. 4.7, supra.