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18/07/2024
Laws of Bangladesh

1The Divorce Act, 1869

( ACT NO. IV OF 1869 )

Chapter VIII

DAMAGES AND COSTS

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

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    Throughout this Act, except otherwise provided, the words “Bangladesh”, “Government”, "High Court Division" and "Appellate Division" were substituted, for the words “Pakistan”, “Provincial Government” or “the said Government”, "High Courts" or "High Court" or "a High Court" and "Supreme Court" respectively by section 3 and 2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
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