eCourtsIndia
IndiaCode Laws
Section19
The Divorce Act, 1869

Grounds of decree

In force From 26 Apr 1869 Act 4 of 1869 As on 15 Oct 2026

Act 4 of 1869 Ministry Law and Justice Enacted 26 Jan 1869 In force 26 Apr 1869

Section 19 of the Divorce Act, 1869 deals with 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; The Act came into force on 26 Apr 1869.

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 1[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.

Section 19, 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.

  1. Molly Joseph @ Nish v. George Sebastian @ Joy

    Supreme Court of India 18 Sep 1996 Binding (Supreme Court) Reportable (1996) 6 SCC 337

    Court's Decision & Legal Precedent

    Judgment of Main Case order-1.pdf 1996-09-18 DATE VERIFIED. N.P. Singh + S.B. Majmudar. Isolate: Divorce Act 1869 s.19(4) — a former marriage still in force is a statutory ground of a decree of nullity; an Ecclesiastical Tribunal annulment is not a civil decree and does not dissolve the marriage for civil law; the statute overrides personal/canon law; District Court/High Court is the exclusive civil forum (ss.18–20). Remitted for enquiry into subsistence of the former marriage. Recites 10/17/18/20 but isolate is 19(4). s.20 is omitted in the current text. Map 19 only. NEW act.

    On this section: Divorce Act s.19(4): a former marriage still in force is a statutory ground of a decree of nullity; an Ecclesiastical Tribunal annulment is not a civil decree and the statute overrides canon/personal law (Molly Joseph).

    Read the full order on eCourts India

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 19

What have the courts held on Section 19 of the Divorce Act?

Molly Joseph @ Nish v. George Sebastian @ Joy (18 Sep 1996) is the leading judgment on this section among those set out below: Divorce Act s.19(4): a former marriage still in force is a statutory ground of a decree of nullity; an Ecclesiastical Tribunal annulment is not a civil decree and the statute overrides canon/personal law (Molly Joseph).

How do I find court cases under Section 19 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 19, section 19 Divorce Act 1869, section 19 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 Molly Joseph @ Nish v. George Sebastian @ Joy (18 Sep 1996).

When did Section 19 of the Divorce Act come into force?

Section 19 of the Divorce Act, cited as Divorce Act 1869 19, 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

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 15 Oct 2026. This page is not a substitute for legal advice.