Section 12 of the Divorce Act 1869 - Court to Be Satisfied of Absence of Collusion

Section 12 of the Divorce Act, 1869 places an independent duty on the court dealing with a petition for dissolution of marriage. The court must, so far as it reasonably can, satisfy itself about the facts relied upon and examine specified matters concerning the petitioner's conduct.

Text of Section 12

12. Court to be satisfied of absence of collusion.

Upon 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 through 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.

Meaning and scope of Section 12

The provision requires judicial scrutiny rather than a decree based merely on the assertions made in the petition. In a dissolution proceeding to which Section 12 applies, the court must be reasonably satisfied about the alleged facts and must also consider whether the petitioner participated in, connived at or condoned the conduct referred to in the section.

Accessory or connivance

In the context of Section 12, the inquiry into whether a petitioner was an accessory to or connived at the relevant conduct concerns whether the petitioner participated in it or knowingly permitted or encouraged it. The question is determined from the evidence and circumstances of the particular case.

Condonation

Section 12 expressly requires the court to consider whether the petitioner has condoned the relevant conduct. Condonation is therefore a matter that may affect the court's consideration of a petition for dissolution under the statutory scheme.

Countercharge against the petitioner

The final part of Section 12 directs the court to inquire into any countercharge made against the petitioner. Accordingly, the court's inquiry is not confined to the allegations advanced by the petitioner when a countercharge is raised.

How Section 12 operates with Sections 13 and 14

Section 12 should be read with the provisions that immediately follow it. Section 13 deals with circumstances in which a petition is to be dismissed, while Section 14 addresses the court's power to pronounce a decree for dissolution when the statutory requirements are satisfied.

Practical significance

The court must examine the facts alleged in the dissolution petition.
The court must consider whether the petitioner was an accessory to or connived at the conduct specified in Section 12.
The court must consider whether that conduct was condoned.
Any countercharge made against the petitioner must also be examined.

Note: The Divorce Act, 1869 is a specific matrimonial statute. The applicability of a particular provision and the relief available depend on the facts, pleadings and other applicable provisions of the Act.

Official legal source

For the authoritative consolidated text and amendments, refer to India Code, the Government of India repository of Central legislation.

Last reviewed: 24 September 2026.