During the progress of the suit in the Court of the District Judge, any person suspecting that any parties to the suit are or have been acting in collusion for the purpose of obtaining a divorce, shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to apply to the High Court to remove the suit under section 8, and the Court shall thereupon, if it thinks fit, remove such suit and try and determine the same as a Court of original jurisdiction, and the provisions contained in section 16 shall apply to every suit so removed; or it may direct the District Judge to take such steps in respect of the alleged collusion as may be necessary, to enable him to make a decree in accordance with the justice of the case.
Simplified Explanation
Section 17 of the Indian Divorce Act, 1869 grants the High Court the authority to intervene during the progress of a divorce suit that is being heard in the District Court, specifically in cases where there is a suspicion of collusion between the parties seeking a divorce.
Key Provisions of Section 17
1. Power to Apply to High Court
- If during the proceedings in the District Court, any person suspects that the parties involved in the suit are colluding to obtain a divorce, they have the right to apply to the High Court.
- This application can be made in a manner directed by the High Court, either through general or special orders.
2. High Court’s Authority
- Once the High Court receives the application, it can choose to:
- Remove the suit from the District Court and take over the case to be heard and decided by itself as a Court of original jurisdiction (under Section 8). This means that the High Court can directly handle the case, bypassing the District Court if it deems that the suit requires more scrutiny or involves serious allegations of collusion.
- Apply the provisions of Section 16: If the High Court takes over the suit, the decree nisi and the potential for objections on grounds of collusion (as described in Section 16) would apply. This ensures the divorce is not finalized without proper investigation into the parties’ conduct.
- Alternatively, the High Court may direct the District Judge to take specific actions to address the suspected collusion, allowing the District Court to continue handling the case, but with guidance or supervision from the High Court.
3. Steps to Address Collusion
- If collusion is suspected, the District Judge may be instructed to take the necessary steps to investigate the matter, with the ultimate goal of ensuring that the decree is made in accordance with the justice of the case. This could involve further inquiry into the facts, questioning the parties involved, or any other steps necessary to uncover the truth.
Practical Implications of Section 17
- Protection Against Collusion:
- Section 17 acts as a safeguard against parties who might try to use the legal system to fraudulently obtain a divorce. By allowing any concerned individual to raise concerns about collusion, the law helps ensure that the divorce process is not abused for personal gain or for any ulterior motives.
- High Court Oversight:
- This section empowers the High Court to intervene if it believes the case requires more serious examination. If collusion is suspected, the High Court can ensure that the case is properly scrutinized, which may not be as feasible in a District Court with limited resources or oversight.
- Procedure for Objecting:
- If someone suspects that a divorce is being fraudulently sought, they can apply to the High Court for further investigation. This application can be made at any stage of the divorce proceedings in the District Court, providing flexibility for intervening early in the process.
- Authority to Remove or Supervise the Suit:
- The High Court’s power to remove the suit from the District Court is a crucial measure to ensure that the case is not rushed or manipulated. If the High Court decides to handle the case itself, it assumes full control, including the power to make the final judgment. Alternatively, it can supervise the case in the District Court, ensuring that the judge takes the necessary actions to address any collusion.
Example of Application
Suppose a husband and wife are going through a divorce in the District Court, and a third party (such as a family member or concerned individual) suspects that they are colluding to get a divorce for personal or financial reasons (perhaps to split assets or avoid certain legal obligations). The third party can apply to the High Court under Section 17, stating the suspicion of collusion.
Once the High Court receives the application, it can:
- Decide to take over the case and handle it directly (as a Court of original jurisdiction), ensuring a thorough investigation into the allegations of collusion.
- Alternatively, the High Court may direct the District Court to investigate the alleged collusion and proceed with the case in a way that upholds justice.
This ensures that if there is any manipulation or dishonesty in the divorce process, it is thoroughly examined before the marriage can be legally dissolved.
Conclusion
Section 17 of the Indian Divorce Act, 1869 plays a crucial role in preventing the abuse of the divorce process by colluding parties. It empowers the High Court to intervene in a District Court suit if there is a suspicion of collusion, ensuring that the case is handled appropriately. The section provides mechanisms to protect the integrity of the divorce process, allowing for a fair and just outcome by granting oversight to the High Court and enabling it to remove or supervise cases where necessary.
