Indian Marriage Laws Governing Cases of Collusion
Under Indian marriage laws, collusion is an illicit clandestine agreement between the parties so as to further a common object by in the garb of hostility. According to Rayden, ‘collusion means an agreement or bargain between the parties to a suit or their agents, whereby the initiation of the suit is procured or its conduct provided for.’
Indian Marriage Laws: Statutory Provisions for cases of Collusion
Section 23(1)(c) of the Hindu Marriage Act, 1955 provides that the court, prior to granting relief, must ensure that the petition is not being presented in collusion with the opposite party. This provision, however, does not cover petitions under section 11 of the Act.
Under section 35(b) of the Parsi Marriage and Divorce Act, the court must satisfy itself that the husband and wife are not in the court in collusion with each other whether it is a suit for divorce, dissolution or nullity. The provision also covers undefended cases.
In Janardhan Rao v M Aruna Kumari AIR 2000 AP 127, the wife petitioned seeking judicial separation, which the husband didn’t agree to. Later, he revoked his objection in a written statement. The verdict was passed after all reconciliation efforts failed. After a year, when the husband petitioned for divorce under section 13(1A) (i), the wife didn’t agree to it. The husband’s petition was rejected by the family court on the ground that the husband and wife had colluded to seek the decree for judicial separation.