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IDA, 1869
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IDAChapter XIISection 47
Section47

Petition to state absence of collusion

AI Assist

Summary

Petitions for dissolution, nullity or judicial separation must state there is no collusion or connivance between the petitioner and the other spouse. The petition must be formally verified by the petitioner or a competent person in the manner required for plaints. Those verified statements may be used as evidence at the hearing.

Example

Priya files a petition for judicial separation after she and her husband decide to live apart. Her petition must say there was no collusion or connivance between her and her husband, and she must verify the petition as required for plaints. At the hearing those verified statements can be treated as evidence.

Bare Act

Enacted text

Every Petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 2 * ** shall 3* ** state that there is not any collusion or connivance between the Petitioner and the other patty to the marriage.
Statements to be verified.- The statements contained in every Petition under this Act shall be verified by the Petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.

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XII

Chapter XII

Procedure

In this chapter

  • 45Code of Civil Procedure to apply
  • 46Forms of Petitions and statements
  • 47Petition to state absence of collusion
  • 48Suits on behalf of lunatics
  • 49Suits by minors
  • 50Service of Petition
  • 51Mode of taking evidence
  • 52Competence of husband and wife to give evidence as to cruelly or desertion
  • 53Power to close doors
  • 54Power to adjourn
  • 55Enforcement of, and appeal from, orders and decrees
  • 56Appeal to the Supreme Court
Previous · Section 46Forms of Petitions and statementsNext · Section 48Suits on behalf of lunatics