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.
Simplified Explanation
Section 12 of the Indian Divorce Act, 1869, mandates that when a petition for dissolution of marriage is presented, the Court must be satisfied not only about the facts alleged in the petition but also about the absence of collusion between the parties. This section seeks to ensure that the divorce petition is filed in good faith and is not the result of a dishonest or fraudulent arrangement between the parties.
1. Purpose of Section 12
The main objective of this section is to prevent collusion in divorce cases. Collusion refers to a situation where both spouses deliberately agree to present false claims in order to obtain a divorce, without any genuine grounds for dissolution of the marriage. The section ensures that the Court is vigilant and satisfies itself that the petition is not based on deceit or mutual connivance.
2. Court’s Responsibility to Investigate
(a) Satisfaction on Alleged Facts
The Court is required to verify the facts alleged in the petition. It must be convinced that the grounds for divorce (such as adultery, cruelty, or desertion) are valid and genuine before proceeding with the dissolution of the marriage.
(b) Absence of Collusion or Connivance
The Court must also ensure that the petitioner has not been accessory to, or conniving at, the grounds on which the divorce is being sought. Specifically, the Court will look for the following:
- Whether the petitioner has been involved in any collusion with the other party, such as agreeing to pretend or exaggerate the facts for the purpose of obtaining a divorce.
- Whether the petitioner has condoned the behavior that is being used as the ground for divorce (e.g., if adultery was committed but the petitioner had previously forgiven it).
If any collusion is found, the petition will likely be dismissed.
(c) Enquiry into Countercharges
If there are any countercharges made against the petitioner, the Court is obligated to investigate them. For instance, if the respondent raises allegations against the petitioner (e.g., cruelty or adultery on the part of the petitioner), the Court must inquire into these charges to ensure fairness and justice.
3. Preventing Fraudulent Divorce Petitions
The aim of Section 12 is to ensure that the process of divorce is not abused. If collusion is detected, it would be clear that the divorce is not based on genuine grounds. This protects both the integrity of the judicial process and the rights of the parties involved.
4. Practical Implications
- Protecting against False Claims: The Court’s inquiry into the absence of collusion ensures that neither party can manipulate the legal system to obtain a divorce without just cause.
- Encouraging Genuine Petitions: This section encourages honesty and integrity in divorce proceedings, ensuring that both parties truly want to dissolve the marriage based on the actual breakdown of the relationship.
- Exposing False Allegations: If either party is found to have fabricated or exaggerated the grounds for divorce, the petition could be rejected, and any countercharges against the petitioner would be thoroughly examined.
5. Key Takeaways
- The Court must ensure that no collusion has occurred between the petitioner and the respondent.
- The Court must verify the truthfulness of the facts alleged in the petition and investigate any countercharges made against the petitioner.
- Collusion or connivance on the part of the petitioner could lead to the rejection of the divorce petition.
