Section 16 of The Divorce Act, 1869
Decrees for dissolution to be nisi.
Every decree for dissolution of marriage made by a High Court 1*** shall in the first instance, be a decree nisi, not to be made absolute till after the expiration of such time, not less than six months from the pronouncing thereof, as the High Court, by general or special order from time to time, directs. Collusion. During that period any person shall be at liberty, in such manner as the High Court by general or special order from time to time directs, to show cause why the said decree should not be made absolute by reason of the same having been obtained by collusion or by reason of material facts not being brought before the Court. On cause being so shown, the Court shall deal with the case by making the decree absolute, or by reversing the decree nisi, or by requiring further inquiry, or otherwise as justice may demand. The High Court may order the cost of Counsel and witnesses and otherwise arising from such cause being shown, to be paid by the parties or such one or more of them as it thinks fit, including a wife if she have separate property. Whenever a decree nisi has been made, and the petitioner fails, within a reasonable time, to move to have such decree made absolute, the High Court may dismiss the suit.
Summary
- When a High Court grants a divorce, it is initially temporary (called a decree nisi) and cannot be made final (absolute) for at least six months.
- During this waiting period, any person can step forward to show the court that the divorce was based on a secret, dishonest agreement (collusion) or that important facts were hidden.
- If someone proves the divorce is flawed, the court can cancel the temporary decree, finalize it, or demand more investigation.
- The court can force the parties, including a wife with her own property, to pay the costs of this extra investigation.
- If the person who won the temporary decree waits an unreasonably long time to ask the court to finalize it, the High Court can dismiss the whole case.
Practical examples
FAQ
1. What is a decree nisi?
It is a temporary or preliminary divorce order that does not actually end the marriage until it is made absolute after a waiting period.
2. How long must you wait before a decree nisi becomes absolute?
You must wait for a time directed by the High Court, which cannot be less than six months.
3. What happens if I get a decree nisi but never bother to go back to court to make it absolute?
If you fail to move to have the decree made absolute within a reasonable time, the High Court has the power to dismiss your entire suit.
Test yourself
1.Under Section 16 of The Divorce Act, 1869, what is the minimum duration a decree for dissolution made by a High Court must remain "nisi" before it can be made absolute?
2.Under Section 16 of The Divorce Act, 1869, what action can the High Court take if the petitioner gets a decree nisi but fails to take the final step within a reasonable time?
3.Under Section 16 of The Divorce Act, 1869, who is permitted to show cause why a decree nisi should NOT be made absolute?
4.Under Section 16 of The Divorce Act, 1869, on what specific grounds can a person intervene to stop a decree nisi from becoming absolute?
5.Under Section 16 of The Divorce Act, 1869, how can the High Court handle the financial costs arising from a person intervening to show cause against the decree?