Section 85 in The Jammu and Kashmir Christian Marriage and Divorce Act, 1957
85. Grounds of decrees.
- 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 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 than in force ;(5)that the consent of either party was obtained by force or fraud :Provided that in the case specified in clause (5) the Court shall not grant a decree if-(a)Proceedings have not been instituted within one year after the coercion had ceased, or, the case may be, the fraud had been discovered ; or(b)the petitioner has with his/her or free consent lived with the other party to the marriage as husband and wife after the coercion had ceased, or as the case may be, the fraud had been discovered.
