The Divorce Act, 1869

Section 16 of Divorce Act 1869: Decrees for Dissolution to Be Nisi

Section 16 of the Divorce Act, 1869 deals with a decree for dissolution of marriage made by a High Court and requires the decree, in the first instance, to be a decree nisi. It also provides a period before the decree may be made absolute and permits objections based on collusion or material facts not having been placed before the Court.

Meaning of decree nisi: A decree nisi is a provisional decree. Under Section 16, it does not become absolute immediately. The statutory waiting period must expire and the High Court may consider any cause properly shown against making the decree absolute.

Text and effect of Section 16

Decree to be nisi: Every decree for dissolution of marriage made by a High Court is, at first, a decree nisi. It cannot be made absolute until expiry of the period directed by the High Court, which must be at least six months from pronouncement of the decree.

Collusion or material facts: During that period, a person may, in the manner directed by the High Court, show cause why the decree should not be made absolute on the ground that it was obtained by collusion or because material facts were not brought before the Court.

Orders after cause is shown: The Court may make the decree absolute, reverse the decree nisi, require further inquiry, or otherwise deal with the matter as justice demands.

Costs: The High Court may direct payment of costs of counsel, witnesses and other costs arising from the objection by such party or parties as it considers appropriate.

Failure to seek decree absolute: If the petitioner does not move within a reasonable time to have the decree nisi made absolute, the High Court may dismiss the suit.

Minimum six-month period

The period between pronouncement of the decree nisi and the decree becoming absolute cannot be less than six months. The precise period and procedure may be governed by a general or special order of the High Court concerned.

What is collusion under Section 16?

In this context, collusion refers to an improper arrangement between parties to obtain a matrimonial decree by presenting a manufactured, suppressed or misleading case to the Court. Section 16 specifically allows cause to be shown where a decree is alleged to have been obtained by collusion or where material facts were not placed before the Court.

Powers of the High Court when an objection is raised

2001 amendment relevant to Section 16

The Indian Divorce (Amendment) Act, 2001 omitted from Section 16 the words referring to a decree of the High Court "not being a confirmation of a decree of a District Court". The amendment took effect from 3 October 2001. The present statutory text should therefore be read without those omitted words.

Related provisions

Section 16 should be read with the surrounding provisions governing dissolution proceedings, including Section 14 on the power to pronounce a decree for dissolution, Section 15 on relief where the petition is opposed on specified grounds, and Section 17 on the High Court's power to remove certain suits.

Official statutory source

For the authoritative Central Act text and amendment notes, see the Divorce Act, 1869 on India Code.

This page explains the statutory provision for general legal information. Court procedure and applicable High Court rules should be checked for the particular proceeding.