Section 15 of The Divorce Act, 1869
In any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a suit instituted by a husband, of his adultery, cruelty, or desertion 1 *** or, in case of such a suit instituted by a wife, on the ground of 2[her adultery or cruelty or desertion], the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a petition seeking such relief, and the respondent shall be competent to give evidence of or relating to 3[such adultery, cruelty] or desertion.
Summary
- When someone files for a divorce, the responding spouse can fight back by accusing the person who filed of adultery, cruelty, or desertion.
- If the responding spouse successfully proves their own accusations, the court can grant the divorce in favor of the responding spouse instead.
- The responding spouse is allowed to give evidence in court to prove the adultery, cruelty, or desertion they are claiming.
Practical examples
FAQ
1. If my spouse sues me for divorce, can I use the same lawsuit to get a divorce based on their bad behavior?
Yes, if you oppose the suit on the grounds of their adultery, cruelty, or desertion, the court can give you the relief you would have gotten if you had filed the petition yourself.
2. Can I testify about my spouse's cruelty if they are the one who sued me?
Yes, the law specifically says the respondent is competent to give evidence relating to such adultery, cruelty, or desertion.
3. What specific grounds can the responding spouse use to oppose the relief sought?
The respondent can oppose it on the grounds of the petitioner's adultery, cruelty, or desertion.
Test yourself
Q1.Under Section 15 of The Divorce Act, 1869, on what specific grounds can a respondent oppose a suit for dissolution of marriage to seek their own relief?
Q2.Under Section 15 of The Divorce Act, 1869, what power does the court have if the respondent successfully proves their opposition on the allowed grounds?
Q3.Under Section 15 of The Divorce Act, 1869, what role can the respondent play regarding the evidence of the petitioner's bad behavior?
Q4.Under Section 15 of The Divorce Act, 1869, if a husband initiates a suit for dissolution, what specific behaviors of the husband can the wife base her application for relief upon?