Section II. - Decrees.

Decree Nisi in Suits for Dissolution or Nullity
If a finding is arrived at, the Judge may dismiss the petition or pronounce a substantive decree if the case of the petitioner for dissolution of marriage is found to be proved, and the Court is satisfied that there is no absolute or other bar to relief. The Court must (a) pronounce a decree nisi, (b) subject to terms in certain cases; if a discretionary bar is found to exist, the petition may be dismissed. The decree in a suit for the nullity of marriage is also nisi (c).

If there are children of the family under sixteen, the Judge will require to be satisfied as to the arrangements proposed for them. Unless he is so satisfied, and this is duly recorded, the decree nisi will not be made absolute (d).

Where the petition fails and a decree nisi is granted to the respondent on the cross-charges in the answer, the prayer of the petition is "rejected." The petition must not be dismissed in this case. Where the petition is dismissed, it is usual to dismiss the co-respondent or intervener from the suit.

Where a petition is dismissed on the ground, for example, that the petitioner has condoned the adultery alleged, the Court order makes no reference to such condonation but states merely that the petitioner has not sufficiently proved the contents of the petition and dismisses the petition (e).

Where adultery is found against a named person, the decree will recite that the wife or husband, as the case may be, has committed adultery with "the co-respondent, party cited, intervener, or second respondent (as may be) A.B.," or with "A.B. upon whom the petition (or answer) has been served" (this latter wording will be used where A.B. is a woman named or party cited in an answer not claiming relief, who has not intervened or been made a second respondent). In other cases, the decree will recite adultery with a man or woman unknown, with a man or woman upon whom service has been dispensed with, with a man or woman upon whom substituted service has been allowed, or with a man or woman now deceased, depending on the particular circumstances.

Where adultery is found against the spouse but not against the alleged adulterer, the decree will recite the findings with a man or woman as against whom the charge was not proved.

Written By: S Kundu & Associates
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