Proving of collusion in divorce proceedings

Under Indian marriage laws, collusion is an illicit clandestine agreement between the parties so as to further a common object by in the garb of hostility. According to Rayden, ‘collusion means an agreement or bargain between the parties to a suit or their agents, whereby the initiation of the suit is procured or its conduct provided for.’

Section 23(1)(c) of the Hindu Marriage Act, 1955 provides that the court, prior to granting relief, must ensure that the petition is not being presented in collusion with the opposite party. This provision, however, does not cover petitions under section 11 of the Act.  

Under section 35(b) of the Parsi Marriage and Divorce Act, the court must satisfy itself that the husband and wife are not in the court in collusion with each other whether it is a suit for divorce, dissolution or nullity. The provision also covers undefended cases.

In Janardhan Rao v M Aruna Kumari AIR 2000 AP 127, the wife petitioned seeking judicial separation, which the husband didn’t agree to. Later, he revoked his objection in a written statement. The verdict was passed after all reconciliation efforts failed. After a year, when the husband petitioned for divorce under section 13(1A) (i), the wife didn’t agree to it. The husband’s petition was rejected by the family court on the ground that the husband and wife had colluded to seek the decree for judicial separation.

@ Shri. Sainath sir, Thank you very much for you Valuable guidance and Precious time sir

sir kindly verify this situation whether it comes under collusion,

1. wife given written statement in police station to solve the family problem through court and not stayed together.

Husband given statement that he want to live with wife.

2. After 3 months wife given written statement in police station that she wants to live with husband.

Husband agreed.

3. After 20 days wife filled FIR against husband while visit her house.

4. After 11 months wife filed divorce against husband.

Kindly guide me sir,

Nothing unusual has happened in UR case,what was the FIR, can U elaborate the contents.I was expecting her to file 498A and DV cases,which is a common feature.

FIR U/s IPC 452, 294 (b), 324, 506(ii)

and kindly explain why in my situation collusion is not applicable sir

Gentleman now its UR turn to rely on UR local lawyer and win the cases on merits.