Court to be satisfied of absence of collusion
AI Assist
Summary
Court must, so far as reasonably possible, check the actual facts and also whether the petitioner helped, allowed, or forgave the conduct complained of (for example a sham marriage or adultery). The court must also examine any countercharge made against the petitioner. If collusion or condonation is found, the petitioner’s case may be rejected or treated differently.
Example
Priya petitions for divorce claiming her husband committed adultery. The court will probe the facts and check whether Priya had colluded with or condoned the adultery or helped arrange a sham marriage. If the court finds collusion or condonation, it may refuse the divorce or limit relief; it will also consider any countercharge against Priya.
Bare Act
Enacted textUpon any such Petition for the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the Petitioner has been in any manner accessory to, or conniving at, the going though of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the Petitioner.
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