Indian Divorce Act, 1869
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 has been 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 intervener to pay cost s- 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.