Section 15 of the Divorce Act, 1869 - Relief in Case of Opposition on Certain Grounds
Section 15 enables a respondent in a suit for dissolution of marriage to seek substantive matrimonial relief in the same proceeding when the respondent opposes dissolution on specified grounds relating to the petitioner's adultery, cruelty or desertion.
Section 15 - Statutory provision
In a suit for dissolution of marriage, where the respondent opposes the relief on the statutory grounds specified in Section 15, the Court may, on the respondent's application, grant the respondent the same relief that he or she could have obtained by presenting a petition for that relief. The respondent is also competent to give evidence relating to the relevant adultery, cruelty or desertion.
The provision should be read with the official text of the Divorce Act, 1869, including amendments made by the Indian Divorce (Amendment) Act, 2001.
Meaning and scope of Section 15
Section 15 is a procedural and remedial provision. It prevents a respondent from being limited to merely defending a dissolution suit where the facts relied upon against the petitioner would independently entitle the respondent to matrimonial relief. Instead, the Court may grant appropriate relief to the respondent within the same suit, provided the respondent makes the required application and establishes the relevant ground.
Grounds referred to in Section 15
The section refers to adultery, cruelty and desertion. In this context, these expressions operate as matrimonial grounds under the Divorce Act, 1869. Their application depends on the facts pleaded and proved, read with the other applicable provisions of the Act governing dissolution and matrimonial relief.
- Adultery: voluntary sexual intercourse by a married person with a person other than his or her spouse, considered in accordance with the matrimonial law governing the proceeding.
- Cruelty: matrimonial conduct of such nature and gravity as is legally sufficient under the Act and applicable judicial principles to support the relief claimed.
- Desertion: abandonment of the matrimonial relationship with the legally required elements and for the period, if any, prescribed by the relevant substantive provision relied upon.
How relief under Section 15 works
The respondent must first be a party to a suit instituted for dissolution of marriage. If the respondent opposes the relief on a ground recognised by Section 15, the respondent may apply in that suit for the relief to which he or she would have been entitled had a separate petition been presented. The Court may then determine the respondent's claim along with the original dissolution proceeding.
Practical legal effect
Section 15 therefore permits affirmative relief to the respondent and is not confined to a defensive plea. The respondent may also lead evidence concerning the adultery, cruelty or desertion relied upon. The grant of relief remains subject to proof, the other applicable provisions of the Divorce Act, 1869, and the Court's determination on the facts.
2001 amendment to Section 15
Section 15 was amended by Section 10 of the Indian Divorce (Amendment) Act, 2001, with effect from 3 October 2001. The amendment omitted the words "without reasonable excuse" after desertion in the relevant part of the provision, substituted the wife's corresponding grounds so that the text refers to her adultery, cruelty or desertion, and expanded the evidentiary wording to refer to such adultery and cruelty as well as desertion.
Related provisions
Section 15 should be read as part of the statutory scheme governing dissolution of marriage under the Divorce Act, 1869. Readers may also refer to Section 14 - Power of Court to pronounce decree for dissolution and Section 16 - Decrees for dissolution to be nisi, subject to the current statutory text and amendments.
Official legal source
For authoritative statutory text and amendment history, verify the provision on the Government of India's India Code portal. The official consolidated text records the amendments made to Section 15 by Act 51 of 2001.
Last reviewed: 24 September 2026. This page is an informational explanation of the statutory provision and should be read with the current official text and applicable judicial decisions.