Skip to content

Statute → case law

See how courts applied this provision

Jump to judgments under this act, then open an AI Brief on any order. Semantic Search helps you ask in plain English.

  • AI Brief & Ask
  • Semantic AI Search

Credentials emailed - log in to pick up where you left off.

TypeBare Act JurisdictionCentral Government

Divorce Act, 1869 Chapter 4

Nullity of Marriage

~2 min read
https://sooperkanoon.com/act/48352

Bare act section · Research

About this section

Divorce Act, 1869 Chapter 4 is part of Divorce Act, 1869 - Nullity of Marriage. Read the section text below and explore Indian court judgments that cite it.

Research copy - verify against official government publications before filing or court use.

Section Text

Any husband or wife may present a petition to the District Court1[***], praying that his or her marriage may be declared null and void.

____________________

1.The words "or to the High Court" omitted by Act 51 of 2001, section 14 (w.e.f. 3-10-2001).

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 effect the1[ 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.

___________________

1.Substituted by Act 51 of 2001, section 15, for "jurisdiction of the High Court" (w.e.f. 3-10-2001).

Section 20 - Confirmation of District Judge's decree (Repealed)

[Rep. by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), section 16 (w.e.f. 3-10-2001).]

Section 21 - Children of annulled marriage

Where a marriage is annulled on the ground that a former husband or wife was living, and it is adjudged that the subsequent marriage was contracted in good faith and with the full belief of the parties that the former husband or wife was dead, or when a marriage is annulled on the ground of insanity, children begotten before the decree is made shall be specified in the decree, and shall be entitled to succeed, in the same manner as legitimate children, to the estate of the parent who at the time of the marriage was competent to contract.

Frequently asked questions

What does Divorce Act, 1869 Chapter 4 provide?

Section Chapter 4 of the Divorce Act, 1869 (Nullity of Marriage) is reproduced on this page as part of the Divorce Act, 1869. Lawyers and researchers use it to read the statutory wording before checking how courts have applied this section in reported judgments.

How do I find judgments on Divorce Act, 1869 Chapter 4?

Open “Find citing judgments” on this page to search Supreme Court, High Court, and tribunal decisions that reference Divorce Act, 1869 Chapter 4. Advanced act search can narrow results by court, year, or additional act filters.

Is the section text on SooperKanoon official?

SooperKanoon hosts bare act text for research and quick reference. For filings or compliance in Central, confirm the wording against the official state gazette or authorized publication.

AI Briefs · Semantic Search · Save & annotate judgments

Start your 7-day free trial