Decrees for dissolution to be nisi
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Summary
High Court divorce orders (unless confirming a District Court) are first issued as a decree nisi and cannot be made absolute until at least six months or longer as the Court directs. During that period anyone may show cause that the decree was obtained by collusion or by hiding material facts. The Court can order inquiry, reverse or make the decree absolute, and award costs against any party (including a wife with separate property). If the petitioner does not move to make the decree absolute within a reasonable time, the High Court may dismiss the suit.
Example
Priya files for divorce in the High Court and the Court grants a decree nisi, starting the six‑month waiting period. During that time a relative shows cause that the parties colluded, so the Court orders further inquiry and may reverse or refuse to make the decree absolute. If Priya never applies to make it absolute, the Court can dismiss her suit.
Bare Act
Enacted textEvery decree for a dissolution of marriage made by a High Court not being a confirmation of a decree of a District Court, 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 costs 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.
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