Indian Divorce Act, 1869
16. Decrees for dissolution to be nisi
Every decree for dissolution of marriage made by a High Court
not being a confirmation of a decree of a District Court, 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 direct, 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 costs 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.