Section 14 in Indian Divorce Act 1869
Title: Power to Court to pronounce decree for dissolving marriage
In case the Court is satisfied on the evidence that the case of the petitioner has been proved,
and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion with either of the respondents,
the Court shall pronounce a decree declaring such marriage to be dissolved 1***:
Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery,
or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition,
or of cruelty towards the other party to the marriage,
or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse,
or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery.
Condonation. No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal cohabitation has been resumed or continued.
1. The words "in the manner and subject to all the provisions and limitation in section 16 and 17 made declared" in paragraph 4 of section 14 omitted by Act 51 of 2001, s. 9 (w.e.f. 3-10-2001)
Title: Relief in case of opposition on certain grounds
In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty, or desertion 1 *** or, in case of such a suit instituted by a wife, on the ground of 2[her adultery or cruelty or desertion], the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to 3[such adultery, cruelty] or desertion.
1. The words "without reasonable excuse," omitted by s. 10, ibid., (w.e.f. 3-10-2001).
2. Subs. by s. 10, ibid., for "her adultery and cruelty" (w.e.f. 3-10-2001).
3. Subs. by s. 10, ibid., for "such cruelty" (w.e.f. 3-10-2001).
Title: Decrees for dissolution to be nisi
Every decree for dissolution of marriage made by a High Court 1*** shall in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs.
Collusion. During that period any person shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the Court.
On cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand.
The High Court may order the cost of Counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property.
Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit
1. The words "not being a confirmation of a decree of a District Court" omitted by s. 11, ibid., (w.e.f. 3-10-2001).
Title: Power of High Court to remove certain suits
1[17. Power of High Court to remove certain suits.—During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to make a decree in accordance with the justice of the case].
1. Subs. by s. 12, ibid., for section 17 (w.e.f 3-10-2001).
[Appointment of officer to exercise duties of King's Proctor.]Omitted by the Indian Divorce (Amendment) Act, 2001 (51 of 2001), s. 13 (w.e.f. 3-10-2001).