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IDA, 1869
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IDAChapter IIISection 17
Section17

Confirmation of decree for dissolution by District Judge

AI Assist

Summary

A District Judge's decree dissolving a marriage must be confirmed by the High Court before it becomes final. Confirmation is by a two- or three-judge High Court bench (majority or senior judge prevails); the High Court can call for further enquiry or additional evidence. The High Court will not confirm until its minimum waiting period (at least six months) has passed, and anyone suspecting collusion may ask the High Court to remove the suit for trial or order an investigation.

Example

Priya gets a decree for divorce from the District Judge. Before the divorce is final the decree must go to the High Court, which will confirm it through a two- or three-judge bench and may ask for more evidence or enquiry. The High Court will not confirm until its minimum waiting period (at least six months) has passed.

Bare Act

Enacted text

Every decree for a dissolution of marriage made by a District Judge shall be subject to confirmation by the High Court. Cases for confirmation of a decree ‘for dissolution of marriage shall be heard (where the number of the Judges of the High Court is three or upwards) by a Court composed of three such Judges, and in case of difference the opinion of the majority shall prevail, or (where the number of the Judges of the High Court is two) by a Court composed of such two Judges, and in case of difference the opinion of the Senior Judge shall prevail. The High Court, if it thinks further enquiry or additional evidence to be necessary, may direct such enquiry to be made, or such evidence to be taken. The result of such enquiry and the additional evidence shall be certified to the High Court by the District Judge, and the High Court shall thereupon make an order confirming the decree for dissolution of marriage, or such other order as to the Court seems fit: Provided that no decree shall be confirmed under this section 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. 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 eight, and the High 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 sixteen 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.

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III

Chapter III

Dissolution of Marriage

In this chapter

  • 10When husband may Petition for dissolution
  • 11Adulterer to be co-respondent
  • 12Court to be satisfied of absence of collusion
  • 13Dismissal of Petition
  • 14Power to Court to pronounce decree for dissolving marriage
  • 15Relief in case of opposition on certain grounds
  • 16Decrees for dissolution to be nisi
  • 17Confirmation of decree for dissolution by District Judge
  • 17AAppointment of officer to exercise duties of King’s Proctor
Previous · Section 16Decrees for dissolution to be nisiNext · Section 17AAppointment of officer to exercise duties of King’s Proctor