The pre-marital pregnancy of the wife by a person other than the husband is not a specific statutory…

Under the Divorce Act, 1869, pre-marital pregnancy of the wife by a person other than the husband is not enumerated as a specific statutory ground either for a decree of nullity under Section 19 or for dissolution of marriage under Section 10. In contrast, it is expressly made a ground for annulment (voidable marriage) under Section 12(1)(d) of the Hindu Marriage Act, 1955 and Section 25(ii) of the Special Marriage Act, 1954, and an express ground for divorce under Section 32(c) of the Parsi Marriage and Divorce Act, 1936.