Indian Divorce Act, 1869
13. Dismissal of petition
In case the court, on the evidence in relation to any such
petition, is satisfied that the petitioner’s case has not been proved, or is
not satisfied that the alleged adultery has been committed, or find that the petitioner
has, during the marriage, been accessory to, or conniving at, the going through
of the said form of marriage, or the adultery of the other party to the
marriage, or has condoned the adultery complained of,
or that the petition is presented or prosecuted in collusion
with either of the respondents, then, and in any of the said cases the court
shall dismiss the petition.
When a petition is dismissed by a District Court under this
section, the petitioner may, nevertheless, present a similar petition to the
High Court.