Indian Divorce Act IDA 08 Damages and Costs

A 'Bare act' is the actual legislation passed by the Parliament of India. Generally, an act sets out the high level legal and policy principles applicable to the subject matter of the law.

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Indian Divorce Act, 1869

Chapter VIII – Damages and Costs

Section 34 – Husband may claim damages from adulterer

Any husband may, either in a Petition for dissolution of marriage or for judicial separation, or in a Petition to the District Court or the High Court limited to such object only, claim damages from any person on the ground of his having committed adultery with the wife of such Petitioner. Such Petition shall be served on the alleged adulterer and the wife, unless the Court dispenses with such service, or directs some other service to be substituted. The damages to be recovered on any such Petition shall be ascertained by the said Court, although the respondents or either of them may not appear. After the decision has been given, the Court may direct in what manner such damages shall be paid or applied.

Section 35 – Power to order adulterer to pay costs

Whenever in any Petition presented by a husband the alleged adulterer has been made a co – respondent, and the adultery his began established, the Court may order the co – respondent to pay the whole or any part of the costs of the proceedings: Provided that the co – respondent shall not be ordered to pay the Petitioner’s costs –

1. if the respondent was, at the time of the adultery, living apart from her husband and leading the life of a prostitute, or
2. if the co – respondent had not, at the time of the adultery, reason to believe the respondent to be a married woman. Power to order litigious intervenor to pay costs. Power to order litigious intervenor to pay costs. – Whenever any application is made under section 17, the Court, if it thinks that the applicant had no grounds or no sufficient grounds for intervening, may order him to pay the whole or any part of the costs occasioned by the application.

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