Grounds of decree
AI Assist
Summary
A marriage can be annulled if one of these defects existed: the respondent was impotent at the time of marriage and when suit is filed; the parties are within prohibited degrees of consanguinity or affinity; either party was a lunatic or idiot at the time of marriage; or a former husband or wife of either party was living and that earlier marriage was in force. The High Court still has power to annul where consent was obtained by force or fraud.
Example
Priya married Rohan. Later Priya discovers that Rohan’s earlier wife was still living when they married, so Priya files a suit and the court can decree the marriage null, treating it as if it had never been valid.
Bare Act
Enacted textSuch 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 degrees 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 High Court to make decrees of nullity of marriage on the ground that the consent of either party was obtained by force or fraud.
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