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 [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.
Simplified Explanation
Section 19 of the Indian Divorce Act, 1869 outlines specific grounds upon which a decree of nullity can be granted. This section establishes the conditions under which a marriage may be declared void (null and void), and it provides a list of legal reasons that can form the basis for such a decree.
Key Provisions of Section 19
The section identifies the following grounds for nullity:
- Impotence at the Time of Marriage:
- If the respondent (the person against whom the petition is filed) was impotent at the time of the marriage and remains impotent at the time of the petition, the marriage can be annulled.
- Impotence means the inability to consummate the marriage due to a physical condition.
- Prohibited Degree of Consanguinity or Affinity:
- If the parties to the marriage are related within the prohibited degree of consanguinity (blood relationship) or affinity (relationship through marriage), the marriage is considered invalid.
- This ground deals with incestuous marriages or marriages between close relatives that are legally prohibited.
- Lunacy or Idiocy at the Time of Marriage:
- If either party was a lunatic or an idiot at the time of marriage, meaning they were mentally incapacitated, the marriage is void.
- This ground addresses mental incapacity, which prevents a person from giving valid consent to marriage.
- Bigamy:
- If one of the parties was already married to another person at the time of the marriage, the marriage is void. The previous marriage must have been in force, meaning the party was still legally married to the first spouse.
- This ground addresses cases of bigamy (marriage to more than one person at a time), which is illegal under Indian law.
- Force or Fraud (as an exception):
- The section also clarifies that it does not affect the District Court’s jurisdiction to grant nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
- This means that if one of the parties was coerced or tricked into the marriage, the marriage can still be annulled, and this is a separate ground for nullity.
Explanation of the Grounds
- Impotence:
- Impotence is a serious ground for annulment, as the inability to consummate the marriage is seen as a fundamental failure of the marriage contract. It must be established that the impotence existed both at the time of the marriage and continues at the time of filing the petition.
- Prohibited Degree of Consanguinity or Affinity:
- Marriages between close blood relatives or in-laws are considered void under the law. These prohibitions exist to prevent incestuous relationships and ensure that marriages are between people who are not closely related, as such relationships are considered socially and genetically harmful.
- Lunacy or Idiocy:
- A lunatic or idiot (historically used terms for people with mental disabilities) is someone who lacks the mental capacity to understand the nature and consequences of marriage. A marriage involving such a person can be annulled on the grounds of lack of consent.
- Bigamy:
- If one of the spouses was already married at the time of the new marriage, the second marriage is automatically void. This ground protects against bigamous marriages, which are illegal and immoral under Indian law.
- Force or Fraud:
- Although not part of the grounds listed in Section 19, the District Court still retains jurisdiction to annul a marriage if the consent of either party was obtained through force or fraud. This protects individuals who may have been manipulated or coerced into marriage.
Practical Implications
- A nullity of marriage petition under Section 19 can be filed if one of the above grounds is proven. If successful, the court will declare the marriage void from the beginning, which means the marriage is considered to have never existed legally.
- The legal consequences of a nullity can include changes in property rights, maintenance obligations, and the status of children born from the marriage.
- This section ensures that marriages which are either legally impossible (e.g., bigamy, prohibited relationships) or based on invalid consent (e.g., fraud or coercion) can be annulled, maintaining the integrity of legal marriages.
Example of Application
- Impotence: If a woman discovers after marriage that her husband is incapable of consummating the marriage (due to a medical condition), she can file a petition for nullity of marriage under Section 19.
- Bigamy: If a man marries a second woman while still married to his first wife, his second marriage would be void, and the wife can file for a decree of nullity based on bigamy.
- Mental incapacity: If a person married someone who was mentally incapacitated at the time of the marriage, that person could petition for the annulment of the marriage under the grounds of lunacy or idiocy.
Conclusion
Section 19 of the Indian Divorce Act, 1869 specifies the grounds for obtaining a decree of nullity (declaring a marriage void) under Indian law. These grounds include impotence, incest, mental incapacity, and bigamy, among others. The section protects individuals from legally binding marriages that are either invalid from the start or involve coercion or fraud. It ensures that marriages are legally sound and entered into with proper consent.
