Every Petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 2 * * * shall 3* * * state that there is not any collusion or connivance between the Petitioner and the other patty to the marriage.Statements to be verified.- The statements contained in every Petition under this Act shall be verified by the Petitioner or some other competent person in manner required by law for the verification of plaints, and may at the hearing be referred to as evidence.
Simplified Explanation
Section 47 of the Indian Divorce Act, 1869 mandates that certain petitions in divorce cases, including those for dissolution of marriage, nullity of marriage, and judicial separation, must explicitly state that there is no collusion or connivance between the petitioner and the other party to the marriage. Furthermore, it requires that the statements made in these petitions must be verified in a manner prescribed by law.
Key Points of Section 47
- Absence of Collusion or Connivance:
- Every petition for a decree of dissolution of marriage, nullity of marriage, or judicial separation must include a statement affirming that there is no collusion or connivance between the petitioner and the other party.
- Collusion refers to a secret or dishonest agreement between the parties to a marriage to bring about a false ground for divorce or separation, which could be a form of fraud on the court.
- The court seeks to ensure that the petition is genuine and that the parties are not manipulating the legal process for their benefit.
- Verification of Statements:
- The statements in the petition must be verified by the petitioner or by some competent person (such as a lawyer or representative) as required by law.
- Verification is a legal process where the petitioner affirms that the statements in the petition are true and accurate. This is typically done through an oath or declaration before a notary or relevant authority.
- Statements as Evidence:
- Once verified, the statements in the petition may be used as evidence during the hearing of the case.
- The verification acts as proof that the petitioner stands by the claims made in the petition, ensuring that the court can rely on the statements as factual and true, unless proven otherwise.
Example of Application
- Collusion in Divorce:
- If a husband and wife agree to falsely claim grounds for divorce to expedite the process (e.g., agreeing on a fabricated reason for separation), this would be considered collusion. Under Section 47, both parties must state in their petitions that no such collusion or connivance has occurred.
- Judicial Separation Petition: In a petition for judicial separation, the husband or wife must confirm that there is no secret understanding with the other spouse to falsely obtain the separation decree.
- Verification Process:
- A person filing for a divorce or judicial separation would need to verify that the contents of their petition are true under oath. This verification process ensures that the statements are made with honesty and integrity.
Practical Implications
- Preventing Fraud:
- The requirement to state that there is no collusion helps prevent fraudulent divorces or separations. By addressing this concern early in the process, the Act safeguards the integrity of the judicial process and ensures that divorce proceedings are not abused.
- Legal Integrity:
- Verification of the petition’s contents ensures that all information presented to the court is reliable. This adds legal weight to the petition and allows the court to take it into account as evidence during hearings.
- Increased Scrutiny:
- The requirement for a verified petition also means that the court can scrutinize the case more carefully, knowing that the petitioner has sworn the details to be true.
Conclusion
Section 47 of the Indian Divorce Act ensures that petitions for dissolution of marriage, nullity of marriage, or judicial separation are free from collusion and that the statements in the petitions are verified for authenticity. This helps maintain the integrity of the legal process by ensuring that the grounds for the divorce or separation are genuine, and that the claims made in the petition are truthfully presented to the court.
