Section 17 of the Divorce Act, 1869 - Power of High Court to Remove Certain Suits

Section 17 of the Divorce Act, 1869 deals with suspected collusion in a divorce suit pending before a District Judge. It permits an application to the High Court for removal of the suit and gives the High Court power either to try the removed suit itself or to direct the District Judge to investigate and address the alleged collusion.

What Section 17 provides

During the progress of a divorce suit before the District Judge, a person who suspects that parties are acting, or have acted, in collusion to obtain a divorce may apply to the High Court, in the manner directed by the High Court, for removal of the suit under Section 8.

The High Court may, if it considers removal appropriate, remove the suit and try and determine it in its original jurisdiction. Section 16 then applies to the removed suit. Alternatively, the High Court may direct the District Judge to take the steps necessary concerning the alleged collusion so that a decree may be made in accordance with the justice of the case.

Meaning and purpose of Section 17

The provision is an anti-collusion safeguard. In this context, collusion refers to cooperation or an arrangement between parties designed to obtain a divorce through a case that does not fairly present the true circumstances to the court. Section 17 enables judicial scrutiny where such collusion is suspected while the suit is still pending before the District Judge.

Key elements of Section 17

Relationship with Sections 8 and 16

Section 8 - Extraordinary jurisdiction of the High Court

Section 17 expressly refers to removal of the suit under Section 8. The two provisions therefore operate together where the High Court is asked to intervene in a proceeding pending before a District Court.

Section 16 - Decrees for dissolution to be nisi

Section 17 expressly states that the provisions of Section 16 apply to a suit removed to the High Court under Section 17. Section 16 also contains safeguards relating to collusion and material facts in proceedings concerning a decree for dissolution.

2001 substitution of Section 17

The present Section 17 was substituted by Section 12 of the Indian Divorce (Amendment) Act, 2001, with effect from 3 October 2001. The current statutory text should therefore be read in its amended form rather than by relying on older versions of the provision.

Legal note: This page explains the central statutory provision. Court procedure and the manner of making an application may also depend on applicable High Court rules, general or special orders, and the facts of the individual proceeding.

Related provisions of the Divorce Act, 1869