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Section 47 of The Divorce Act, 1869

Every petition under this Act for a decree of dissolution of marriage, or of nullity of marriage, or of judicial separation 1 *** shall 2 *** state that there is not any collusion or connivance between the petitioner and the other party 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.

Summary

A petition for divorce, annulment, or legal separation must state that the spouses are not secretly working together to fake a case (collusion) or ignoring a wrong to get a result (connivance).
All statements in the petition must be officially sworn to be true by the person filing it or by another qualified person.
This swearing process follows the same legal rules used for standard civil lawsuits.
Once verified, these sworn written statements can be used as actual proof during the court hearing.

Practical examples

1Rahul files for divorce on March 10, 2024. He must include a line in his paperwork swearing that he and his wife Priya did not secretly agree to invent fake reasons just to get the court to approve the divorce.

2Sunita files for a judicial separation. She signs the petition in front of a court officer to verify her claims are true, allowing the judge to look at her written claims as evidence during the July hearing.

FAQ

1. Do I have to prove I am not tricking the court?

Yes, you must explicitly state in your petition that there is no secret agreement or turning a blind eye between you and your spouse.

2. Who needs to verify the petition?

The petitioner themselves or another competent person must verify it according to standard legal rules.

3. Can the court use my petition as evidence?

Yes, once the statements are verified, the court can refer to them as evidence during your hearing.

Test yourself

Q1.Under Section 47 of The Divorce Act, 1869, what specific statement must be included in a petition for the dissolution of marriage?

Q2.Under Section 47 of The Divorce Act, 1869, how must the statements in a petition be confirmed?

Q3.Under Section 47 of The Divorce Act, 1869, what is the legal effect of a properly verified petition during the court hearing?

Q4.Which types of petitions require a statement denying collusion or connivance under Section 47 of The Divorce Act, 1869?

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