Duty of Court on presentation of petition

(1) On a petition for divorce under section 129, it shall be the duty of the Court to inquire, so far as it reasonably can, into the facts alleged and whether there has been any connivance or condonation on the part of the petitioner and whether any collusion exists between the parties and also to inquire into any countercharge which is made against the petitioner. (2) If the Court is satisfied on the evidence that– (a) the case for the petitioner has been proved; (b) where the ground of the petition is adultery, the petitioner has not in any manner been 72 accessory to, or connived at, or condoned, the adultery, or where the ground of the petition is cruelty, the petitioner has not in any manner condoned the cruelty; and (c) the petition is not presented or prosecuted in collusion with the respondent or either of the respondents, the Court shall pronounce a decree of divorce, but if the Court is not satisfied with respect to any of the aforesaid matters, it shall dismiss the petition, Provided that the Court shall not be bound to pronounce a decree of divorce and may dismiss the petition if it finds that the petitioner has during the marriage been guilty of adultery or if, in the opinion of the Court, the petitioner has been guilty– (i) of unreasonable delay in presenting prosecuting the petition; (ii) of cruelty towards the other party to the marriage; (iii) where the ground of the petition is adultery or cruelty, of having without reasonable excuse deserted, or having without reasonable excuse wilfully separated himself or herself from the other party before the adultery or cruelty complained of; or (iv) where the ground of the petition is adultery or unsoundness of mind or desertion, of such wilful neglect or misconduct as has conducted to the adultery or unsoundness of mind or desertion. 73