Petition for decree of nullity
Section 18 of the Divorce Act, 1869 deals with petition for decree of nullity. Any husband or wife may present a petition to the District Court , praying that his or her marriage may be declared null and void. The Act came into force on 26 Apr 1869.
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.
Section 18, The Divorce Act, 1869 (Act 4 of 1869).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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S.K. Ram v. Alveena Ram
Court's Decision & Legal Precedent
Final Order / Order on Board order-1.pdf 2016-08-12 DATE VERIFIED. Deepak Gupta CJ + Goutam Bhaduri + P. Sam Koshy FB. Pre-2001 confirmation reference under then s.17 of a District Court nullity decree on a s.18 petition. Isolate: Divorce Act s.18 petition for decree of nullity must rest on s.19 grounds; chronic schizophrenia alleged after marriage without proof that the condition existed at marriage fails s.19(3) lunatic/idiot ground — confirmation refused and decree set aside. Leave to file fresh petition under amended Act. Do NOT map current s.17 (heading now 'remove certain suits' / confirmation repealed). Recites 19 but Molly already fills 19 — map 18 (petition for nullity). Map 18 only.
On this section: Divorce Act s.18: a petition for decree of nullity must satisfy a s.19 ground; schizophrenia not proved to exist at the time of marriage cannot found a nullity decree (S.K. Ram FB).
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 18
What have the courts held on Section 18 of the Divorce Act?
S.K. Ram v. Alveena Ram (12 Aug 2016) is the leading judgment on this section among those set out below: Divorce Act s.18: a petition for decree of nullity must satisfy a s.19 ground; schizophrenia not proved to exist at the time of marriage cannot found a nullity decree (S.K. Ram FB).
How do I find court cases under Section 18 of the Divorce Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Divorce Act 1869 18, section 18 Divorce Act 1869, section 18 of the Divorce Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with S.K. Ram v. Alveena Ram (12 Aug 2016).
When did Section 18 of the Divorce Act come into force?
Section 18 of the Divorce Act, cited as Divorce Act 1869 18, came into force on 26 Apr 1869, having been enacted on 26 Jan 1869. It is in force as at the date shown on this page.
Other sections of this Act
- 3. Interpretation-clause389 words
- 10. Grounds for dissolution of marriage296 words
- 60. Decree for separation or protection-order valid as to persons dealing with wife before reversal253 words
- 16. Decrees for dissolution to be nisi225 words
- 14. Power to Court to pronounce decree for dissolving marriage214 words
- 37. Power to order permanent alimony205 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.