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Section 14 of The Divorce Act, 1869

In case the Court is satisfied on the evidence that the case of the petitioner has been proved, and does not find that the petitioner has been in any manner accessory to, or conniving at, the going through of the said form of marriage, or the adultery of the other party to the marriage, or has condoned the adultery complained of, or that the petition is presented or prosecuted in collusion with either of the respondents, the Court shall pronounce a decree declaring such marriage to be dissolved 1***: Provided that the Court shall not be bound to pronounce such decree if it finds that the petitioner has, during the marriage, been guilty of adultery, or if the petitioner has, in the opinion of the Court, been guilty of unreasonable delay in presenting or prosecuting such petition, or of cruelty towards the other party to the marriage, or of having deserted or wilfully separated himself or herself from the other party before the adultery complained of, and without reasonable excuse, or of such wilful neglect or misconduct of or towards the other party as has conduced to the adultery. Condonation. No adultery shall be deemed to have been condoned within the meaning of this Act unless where conjugal cohabitation has been resumed or continued.

Summary

The court will declare the marriage dissolved if the petitioner proves their case and has not helped, forgiven, or colluded regarding the adultery.
The court is not forced to grant the divorce if the petitioner has also committed adultery.
The court can refuse the divorce if the petitioner delayed too long in filing the case, was cruel, deserted their spouse, or behaved in a way that caused the adultery.
Forgiving an affair (condonation) only legally counts if the couple has resumed or continued living together as husband and wife.

Practical examples

1John proves his wife committed adultery. However, the court learns that John had been terribly cruel to her for years, driving her away. Because John's cruelty is proven, the court chooses not to grant him the divorce, even though he proved her adultery.

2Anita catches her husband cheating. They talk it over, she forgives him, and they continue sharing a home and living as a married couple for another year. Because they resumed conjugal cohabitation (living together), the law considers the adultery condoned, and she cannot later use that same affair to get a divorce.

FAQ

1. Is the court legally forced to grant a divorce if I prove my spouse cheated?

No, if you also cheated, delayed filing without reason, were cruel, deserted your spouse, or caused the affair through neglect, the court has the power to refuse the divorce.

2. I forgave my spouse for cheating but we never moved back in together. Does this count as legal forgiveness?

No, under this law, adultery is not deemed condoned unless conjugal cohabitation (living together as spouses) has been resumed or continued.

3. What happens if both spouses are found guilty of adultery?

The court is not bound to pronounce a decree for dissolving the marriage if it finds that the petitioner has also been guilty of adultery during the marriage.

Test yourself

Q1.Under Section 14 of The Divorce Act, 1869, in which situation is the court NOT bound to pronounce a decree dissolving the marriage, even if the petitioner's case is proven?

Q2.Under Section 14 of The Divorce Act, 1869, what specific action is legally required for adultery to be deemed condoned?

Q3.Under Section 14 of The Divorce Act, 1869, what previous behavior by the petitioner toward the other party gives the court the right to refuse the divorce?

Q4.Under Section 14 of The Divorce Act, 1869, how does the petitioner's own adultery affect their petition for divorce?

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