In case the Court is satisfied on the evidence that the case of the petitioner has been proved,
and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, the Court shall pronounce a decree declaring such marriage to be dissolved 1***: Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery,
or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage,
or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery. Condonation. No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal cohabitation has been resumed or continued.
Simplified Explanation
Section 14 of the Indian Divorce Act, 1869, lays down the conditions under which the Court can pronounce a decree for the dissolution of marriage. It also highlights the concept of condonation, particularly with regard to adultery.
1. Conditions for the Court to Pronounce a Decree
The Court can pronounce a decree of divorce (dissolution of marriage) if the following conditions are met:
(a) Satisfied with the Evidence
- The Court must be satisfied that the petitioner’s case has been proved. This means that the petitioner has presented sufficient and credible evidence to support the claim for divorce (e.g., adultery, cruelty, desertion).
(b) No Collusion or Connivance
- The Court must not find any evidence that the petitioner has been accessory to, or conniving at, the marriage or the adultery of the other party. If collusion or connivance is found, the petition will be dismissed.
(c) No Condonation of Adultery
- The Court must ensure that the petitioner has not condoned the adultery complained of. Condonation in this context refers to the act of forgiving the adulterous behavior and continuing the marital relationship despite the wrongdoing. If the petitioner condoned the adultery, the Court may not grant the divorce.
If all of the above conditions are met, the Court shall pronounce a decree declaring the marriage to be dissolved.
2. Exceptions to the Power to Pronounce a Decree
However, the Court is not bound to grant the divorce if any of the following circumstances apply:
(a) Petitioner’s Adultery
- If the petitioner has been guilty of adultery during the marriage, the Court may refuse to grant the divorce. The Court considers that a person who has committed adultery cannot seek a divorce on similar grounds (to prevent abuse of the law).
(b) Unreasonable Delay
- If the petitioner has caused unreasonable delay in filing or prosecuting the divorce petition, the Court may refuse the decree. This is to ensure that the dissolution process is not unnecessarily prolonged without valid reasons.
(c) Petitioner’s Cruelty
- If the petitioner is found to have been guilty of cruelty towards the other spouse, the Court may decide that they do not deserve a divorce based on the grounds claimed.
(d) Desertion or Separation
- If the petitioner deserted or wilfully separated from the respondent before the adultery occurred, and without reasonable excuse, the Court may not grant the decree. The Court does not want to reward a party who has already abandoned their spouse without justification.
(e) Misconduct Leading to Adultery
- If the petitioner is found to have neglected or acted in a manner that contributed to the other party’s adultery (e.g., through neglect or misconduct), the Court may not grant the divorce. This is to prevent a spouse from benefiting from their own actions that may have led to the breakdown of the marriage.
3. Concept of Condonation in Adultery
The condonation provision in Section 14 clarifies that adultery will not be considered condoned unless conjugal cohabitation (i.e., the resumption of marital relations, such as living together as husband and wife) has resumed or continued after the adultery.
- Conjugal Condonation: If the spouse who has been wronged (the petitioner) resumes cohabitation with the offending party after learning about the adultery, it may be considered as condonation. This is seen as an act of forgiveness, and the petitioner waives their right to use that adultery as a ground for divorce in the future.
- If the couple continues to live together or resumes marital relations, it is a clear indication that the adultery has been forgiven and that the marriage is being continued, thereby invalidating the adultery as grounds for divorce.
4. Practical Implications
- Prevention of Abuse: This section seeks to prevent the misuse of divorce petitions by those who might be attempting to use their spouse’s misconduct as a weapon without recognizing their own faults, such as adultery or cruelty.
- Condonation: The requirement for conjugal cohabitation to establish condonation means that divorce on the grounds of adultery cannot be claimed by a spouse who has, through their actions, effectively forgiven the adultery and continued the marital relationship.
- Fairness in Divorce: The section ensures that a divorce is granted only in circumstances where the petitioner has valid reasons and is not at fault in the dissolution of the marriage. It seeks to balance the rights of the parties while discouraging false or opportunistic claims.
5. Key Takeaways
- The Court can grant a divorce if the petitioner proves their case and there is no evidence of collusion, connivance, or condonation.
- The Court will not grant a divorce if the petitioner has committed adultery, caused unreasonable delay, been guilty of cruelty, or deserted the respondent.
- Condonation is a key concept in adultery cases and is only considered valid if conjugal cohabitation has been resumed after the adultery.
Section 14 outlines the conditions under which the Court has the discretion to grant a decree of dissolution of marriage, aiming for a fair and just decision based on the evidence and conduct of the parties involved.
