Section 13 of DA : Section 13: Dismissal Of Petition

Explanation using Example

Imagine a scenario where John files a petition for divorce against his wife, Mary, on the grounds of adultery. During the court proceedings, it comes to light through evidence that John had actually been aware of Mary's extramarital affair and had turned a blind eye to it, hoping to use it as a reason for divorce at a later stage. This could be considered as John having 'condoned' the adultery.

In another instance, if the investigation reveals that John had actively helped Mary to cover up her affair, this might be seen as him being 'accessory to' or 'conniving at' the adultery. Moreover, if it is discovered that John and Mary had mutually agreed to file for divorce and John's accusation of adultery was a pre-arranged reason to facilitate the divorce process, the court might find that the petition was 'presented or prosecuted in collusion' with Mary.

In all these cases, according to Section 13 of The Divorce Act, 1869, the court would dismiss John's petition for divorce due to his involvement or acceptance of the adultery, or because of the collusive nature of the petition.