Query on section 14 of divorce act
johan
(Querist) 09 July 2015
This query is : Resolved
Section 14 of the divorce act states that Power to Court to pronounce decree for dissolving marriage. 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, also
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
1. What does it mean accessory to, or conniving at, the going through of the said form of marriage? Does it mean that the if the wife has instigated the husband towards hitting her because of her irritating behaviour court will not grant divorce? Or that if the wife knew about the husbands temper and alcoholism before marriage and still married him no divorce will be granted?
2. What does it mean court is not bound to pronounce the decree if the petitioner has been guilty of cruelty towards the other party of marriage?There are several instances of my wife's cruelty towards me? Does it mean I can ask court not to grant divorce as she is also guilty of cruelty?
adv.bharat @ PUNE
(Expert) 13 November 2016
John guilt of accused is proved to be beyond the reasonable doubts then only it will be considered as proved before the court.
