18. Petition for decree of nullity.—Any husband or wife may present a petition to the District
Court 1***, praying that his or her marriage may be declared null and void.
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 2
[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.
20. [Confirmation of District Judge’s decree].—[Omitted by the Indian Divorce (Amendment) Act,
2001 (51 of 2001), s. 16 (w.e.f. 3-10-2001).]
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.