Dismissal of Petition
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Summary
Court will dismiss a divorce petition when the petitioner has not proved the case, the court is not satisfied that adultery occurred, the petitioner was accessory to or connived in the marriage or the other party’s adultery, the petitioner condoned the adultery, or the petition is collusive. Dismissal ends the case in that court. If a District Court dismisses on these grounds, the petitioner may still present a similar petition to the High Court.
Example
Priya files a petition saying her husband committed adultery. The District Court finds she continued marital relations and therefore condoned the adultery, so it dismisses her petition. She may nevertheless present a similar petition to the High Court.
Bare Act
Enacted textIn case the Court, on the evidence in relation to any such Petition, is satisfied that the Petitioner’s case has not been proved, or is not satisfied that the alleged adultery has been committed, or finds that the Petitioner has, during the marriage, been 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, then and in any of the said cases the Court shall dismiss the Petition. When a Petition is dismissed by a District Court under this section, the Petitioner may, nevertheless, present a similar Petition to the High Court.
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