35Decrees in certain suits
In any suit under section 30, 31, 32, 1[32A] or 34, whether defended or not, if the Court be satisfied that any of the grounds set forth in those sections for granting relief exist, that none of the grounds therein set forth for withholding relief exist and that--
(a) the act or omission set forth in the plaint has not been condoned;
(b) the husband and wife are not colluding together;
(c) the plaintiff has not connived at or been accessory to the said act or omission;
(d) (save where a definite period of limitation is provided by this Act) there has been no unnecessary or improper delay in instituting the suit; and
(e) there is no other legal ground why relief should not be granted;
then and in such case, but not otherwise, the Court shall decree such relief accordingly.
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1. Ins. by s. 11, bid. (w.e.f. 15-4-1988).
- 30 Suits for nullity
- 31 Suits for dissolution
- 32 Grounds for divorce
- 32A Non-resumption of cohabitation or restitution of conjugal rights within one year in pursuance of a decree to be ground for divorce
- 32B Divorce by mutual consent
- 33 Joining of co-defendant
- 34 Suits for judicial separation
- 35 Decrees in certain suits
- 36 Suit for restitution of conjugal rights
- 37 Counter-claim by defendant for any relief
- 38 Documentary evidence
- 39 Alimony pendente lite
- 40 Permanent alimony and maintenance
- 41 Payment of alimony to wife or to her trustee
- 42 Disposal of joint property
- 43 Suits to be heard in camera and may not be printed or published
- 44 Validity of trial
- 45 Provisions of Civil Procedure Code to apply to suits under the Act
- 46 Determination of questions of law and procedure and of fact
- 47 Appeal to High Court
- 48 Liberty to parties to marry again