Divorce Act 1869 / Section 13

Section 13 Divorce Act 1869 - Dismissal of Petition

Section 13 of the Divorce Act, 1869 deals with circumstances in which the court must dismiss a petition for dissolution of marriage. It operates as a safeguard requiring the court to be satisfied both about proof of the matrimonial case and the absence of specified bars to relief.

At a glance: A divorce petition under the Act is not allowed merely because it has been filed. The court must examine the evidence and the petitioner's conduct. Failure to prove the case, or the presence of connivance, condonation or collusion in the circumstances stated in Section 13, requires dismissal.

Text and meaning of Section 13

In substance, Section 13 requires dismissal where the court is not satisfied that the petitioner's case has been proved, or where the statutory circumstances concerning adultery, accessory or connivance, condonation, or collusion are established.

The section should be read with the surrounding provisions in Part III of the Divorce Act, 1869, particularly Section 11, Section 12 and Section 14.

When must the court dismiss the petition?

Case not proved: the evidence does not establish the petitioner's case to the satisfaction of the court.
Required matrimonial misconduct not established: where the statutory allegation relevant to the petition is not proved.
Accessory or connivance: the petitioner participated in, encouraged, consented to or connived at the relevant conduct in the manner contemplated by the section.
Condonation: the petitioner condoned the adultery complained of.
Collusion: the petition is presented or prosecuted in collusion with a respondent.

Key legal expressions

Connivance

In this context, connivance concerns knowing consent to or encouragement of the matrimonial misconduct relied upon. It is distinct from merely becoming aware of conduct after it has occurred.

Condonation

Condonation broadly refers to forgiveness of the matrimonial offence coupled with restoration of the marital relationship. Whether conduct amounts to condonation depends on the facts and evidence of the case.

Collusion

Collusion refers to an improper arrangement between parties to procure matrimonial relief by suppressing the true position, fabricating a case or otherwise improperly securing a decree. Section 12 separately requires the court to satisfy itself that there is no collusion.

Effect of the 2001 amendment

The Indian Divorce (Amendment) Act, 2001 made extensive changes to the Act, including omission of the word "Indian" from its short title. The final paragraph formerly appearing in Section 13 was omitted with effect from 3 October 2001. The current statute is therefore cited as the Divorce Act, 1869.

Practical effect of dismissal under Section 13

Section 13 makes judicial satisfaction essential. The court considers the evidence and the statutory bars before granting matrimonial relief. If a circumstance requiring dismissal is established, the petition cannot result in a decree of dissolution under that proceeding.

Official legal source

For the consolidated Central Act, refer to the official Divorce Act, 1869 on India Code. The amending legislation is available as the Indian Divorce (Amendment) Act, 2001.

Note: This article explains the statutory provision for general legal information. Application of Section 13 depends on the pleadings, evidence and facts of the individual matrimonial proceeding.