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Section 12 of The Divorce Act, 1869

Upon any such petition for the dissolution of a marriage, the Court shall satisfy itself, so far as it reasonably can, not only as to the facts alleged, but also whether or not the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery, or has condoned the same, and shall also enquire into any countercharge which may be made against the petitioner.

Summary

The court must actively investigate the facts claimed in a divorce petition to ensure they are true.
The court must check if the person asking for the divorce secretly helped cause the marriage or the adultery.
The court must determine if the person asking for the divorce has condoned (forgiven) the adultery.
The court is required to look into any countercharges (accusations made in return) against the person who filed the petition.

Practical examples

1Rahul files for divorce claiming his wife Priya committed adultery. The judge does not just take Rahul's word for it, but questions the witnesses to ensure Rahul did not secretly hire someone to seduce Priya just to get a divorce.

2Sarah petitions for divorce based on her husband's affair. During the hearings, her husband claims Sarah also had an affair. The court must investigate the husband's countercharge against Sarah before making a decision.

FAQ

1. Does the court automatically grant a divorce if both spouses agree one of them cheated?

No, the court must still satisfy itself that the facts are true and that the spouses are not secretly working together to trick the court.

2. What happens if the person filing for divorce actually helped their spouse cheat?

The court is required to check for this exact situation. If the petitioner was accessory to (helped with) the adultery, it affects the case.

3. Will the court ignore accusations made by the spouse defending the case?

No, the court is legally required to enquire into any countercharge made against the person who filed the petition.

Test yourself

Q1.Under Section 12 of The Divorce Act, 1869, what specific action regarding the adultery must the court investigate to see if the petitioner is responsible?

Q2.Under Section 12 of The Divorce Act, 1869, how should the court handle a situation where the responding spouse makes an accusation against the filing spouse?

Q3.Under Section 12 of The Divorce Act, 1869, what must the court ascertain about the petitioner's reaction to the adultery?

Q4.Under Section 12 of The Divorce Act, 1869, what is the court's primary duty regarding the allegations made in the petition?

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