Skip to content

The Divorce Act, 1869

Section 35Power to order adulterer to pay costs Power to order litigious intervenor to pay costs

In forceChapter VIII DAMAGES AND COSTS

Chapter VIII DAMAGES AND COSTS

s. 35

35. Power to order adulterer to pay costs Power to order litigious intervenor 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 cost of the proceedings: Provided that the co-respondent shall not be ordered to pay the petitioner's cost, (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. 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.

End of s. 35.

Read the contents: The Divorce Act, 1869