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Section 17 of The Divorce Act, 1869

1[17. Power of High Court to remove certain suits.—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].

Summary

If a divorce case is currently happening in a District Court, anyone who suspects the spouses are secretly working together (acting in collusion) can step in.
The suspicious person can ask the High Court to remove the case from the District Court.
If the High Court takes the case, it will act as the original trial court, and its decree will be temporary (a decree nisi) subject to the six-month wait.
Instead of taking the case entirely, the High Court can order the District Judge to take specific steps to investigate the suspected collusion.

Practical examples

1Amit and Priya are getting a divorce in the District Court. Amit's brother suspects they are faking the grounds just to quickly split. He applies to the High Court, which decides to remove the suit from the District Judge and try the case itself.

2A concerned neighbor reports to the High Court that a District Court divorce is built on collusion. The High Court decides not to move the trial, but officially directs the District Judge to thoroughly investigate the fake evidence before making any decree.

FAQ

1. What can someone do if they realize a District Court divorce case is fake or collusive?

They can apply to the High Court to have the suit removed from the District Court's control.

2. If the High Court takes over a District Court case, does it finalize the divorce immediately?

No, if the High Court removes the suit, the rules of Section 16 apply, meaning any divorce granted will be a decree nisi (temporary) that requires a waiting period.

3. Does the High Court have to take the case if someone reports collusion?

No, the High Court can choose to simply direct the District Judge to take necessary steps to handle the alleged collusion.

Test yourself

Q1.Under Section 17 of The Divorce Act, 1869, what is the specific reason a person might apply to the High Court to remove a suit currently in the District Court?

Q2.Under Section 17 of The Divorce Act, 1869, when the High Court removes a suit from the District Judge under Section 8, how does Section 16 affect the outcome of that trial?

Q3.Under Section 17 of The Divorce Act, 1869, what alternative action can the High Court take if it decides NOT to remove the suit to itself?

Q4.Under Section 17 of The Divorce Act, 1869, how does Section 8 interact with the removal of the suit?

16PreviousSection 16 Decrees for dissolution to be nisi.17ANextSection 17A [Omitted.].

←Section 16 Section 17A→