IV.—NULLITY OF MARRIAGE

Section 19: Grounds of decree

Such decree 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 degree 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 of 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 ¹[jurisdiction of the District Court] to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.

Footnotes in the official text

1.Subs. by s. 15, ibid., for “jurisdiction of the High Court” (w.e.f. 3-10-2001).

Questions on this section

1 question in 3 of our papers cite Section 19. Try these from the free papers:

1. Consider the following under Section 19 of the Divorce Act, 1869: 1. The respondent was impotent at the time of the marriage and at the time of the institution of the suit. 2. The respondent has ceased to be a Christian by conversion to another religion since the marriage. 3. The former husband or wife of either party was living at the time of the marriage, and that marriage was then in force. 4. Either party was a lunatic or idiot at the time of the marriage. Which of the above are grounds for a decree of nullity of marriage?