The 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 correspondent 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 petitioners 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 costs.-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.