In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty, or desertion 1 *** or, in case of such a suit instituted by a wife, on the ground of 2[her adultery or cruelty or desertion], the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to 3[such adultery, cruelty] or desertion.
Simplified Explanation
Section 15 of the Indian Divorce Act, 1869 addresses situations where the respondent (the party against whom the divorce petition is filed) opposes the dissolution of marriage. Specifically, this section outlines the relief that can be granted to the respondent when they oppose the divorce petition based on certain grounds such as adultery, cruelty, or desertion.
Section 15 – Relief in Case of Opposition on Certain Grounds (Indian Divorce Act, 1869)
Section 15 of the Indian Divorce Act, 1869 addresses situations where the respondent (the party against whom the divorce petition is filed) opposes the dissolution of marriage. Specifically, this section outlines the relief that can be granted to the respondent when they oppose the divorce petition based on certain grounds such as adultery, cruelty, or desertion.
Key Provisions of Section 15
1. Opposition Based on Grounds of Adultery, Cruelty, or Desertion
The section specifies the situation where the respondent in a divorce petition may oppose the relief sought on the basis of the following grounds:
- For the husband’s petition: Opposition can be made based on adultery, cruelty, or desertion by the husband.
- For the wife’s petition: Opposition can be made based on adultery, cruelty, or desertion by the wife.
If the respondent challenges the petition on these grounds, the Court has the power to grant the same relief to the respondent that they would have been entitled to if they themselves had filed the petition for divorce or other relief (such as restitution of conjugal rights, or maintenance).
2. Right of the Respondent to Seek Relief
If the respondent successfully opposes the petition and presents a case based on adultery, cruelty, or desertion, they may be granted the following relief:
- The respondent can be granted divorce (if the opposite party has committed adultery, cruelty, or desertion).
- The respondent may seek other remedies such as maintenance, restitution of conjugal rights, or other appropriate orders, as per their rights.
This essentially means that the respondent, who may initially be defending the case, has the right to seek relief based on their own suffering due to the petitioner’s behavior (such as adultery, cruelty, or desertion).
3. Right of the Respondent to Present Evidence
The respondent also has the right to provide evidence regarding the allegations they are raising (i.e., adultery, cruelty, or desertion), in the following manner:
- The respondent can give evidence to prove that the petitioner has committed adultery, cruelty, or has deserted them, which could either support their defense or serve as a counterclaim for the dissolution of the marriage.
- This ensures that the Court considers all evidence related to the conduct of both parties in the marriage, even if the respondent is initially opposing the divorce.
Practical Implications of Section 15
- Reciprocal Rights: The section ensures fairness by allowing the respondent to seek the same relief as the petitioner, provided they can establish valid grounds for the dissolution of the marriage or seek other remedies. It provides a counterbalance to the petitioner’s right to seek divorce, especially if the petitioner is responsible for marital misconduct.
- Adultery, Cruelty, and Desertion as Grounds for Relief: The section underscores that both parties (husband and wife) have the right to use adultery, cruelty, or desertion as grounds to either defend the petition or seek a dissolution of marriage based on the same allegations. This ensures that the party whose spouse is at fault has a chance to get a divorce or other relief.
- Evidence and Counterclaim: The ability of the respondent to give evidence related to these allegations is crucial in providing a fair opportunity to both parties to present their case. This protects the rights of the respondent and ensures that the court can make a decision based on the full scope of evidence available.
Example of Application
Suppose a husband files for divorce based on his wife’s adultery. In response, the wife denies the adultery and instead claims that the husband has been guilty of cruelty or desertion. Under Section 15:
- The wife can present evidence of the husband’s cruelty or desertion, which may form the basis for her own counterclaim for divorce.
- If the wife proves her claims, the Court may grant her relief (e.g., divorce or other appropriate orders).
Similarly, if a wife files for divorce citing cruelty by her husband, and the husband denies the allegation but proves the wife’s adultery or desertion, the husband can claim a divorce based on his evidence.
Conclusion
Section 15 of the Indian Divorce Act, 1869 ensures that the respondent in a divorce case is not just a passive party defending the petition, but has the right to seek relief on grounds of adultery, cruelty, or desertion, even if the divorce petition was originally filed by the other party. This section allows both parties to present evidence and claim relief, promoting fairness in matrimonial disputes.
