Hindu Marriage Act Section 23 — Decree in proceedings
General
Summary
In any case under this Act, whether the other side responds or not, the court can grant the requested relief only if it is satisfied that a valid ground for the relief exists, the person asking for it is not using their own fault or disability to get it, and—where the ground involves certain specified acts—they have not helped cause, ignored, or forgiven those acts. The court must also be sure that the request was not made in collusion with the other party, that there was no unnecessary delay, and that no other legal reason blocks the relief. If all these conditions are met, the court must grant the relief; otherwise, it cannot. Before granting any relief, the court must first try to bring the parties to a reconciliation, except in cases where the relief is sought on certain specific grounds like those listed in the Act. To help with reconciliation, the court may pause the case for up to fifteen days and send the matter to a person chosen by the parties or by the court, who will report back on whether reconciliation is possible or has happened. When a divorce is granted, the court must give each party a free copy of the decree.
Official Text
(1) In any proceeding under this Act, whether defended or not, if the court is satisfied that—
(a) any of the grounds for granting relief exists and the petitioner 3[except in cases where the relief is sought by him on the ground specified in sub-clause (a), sub-clause (b) or sub-clause (c) of clause (ii) of section 5] is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and 1. Ins. by Act 68 of 1976, s. 14, (w.e.f. 27-5-1976). 2. Subs. by s. 15, ibid., for s. 22 (w.e.f. 27-5-1976). 3. Ins. by s. 16, ibid. (w.e.f. 27-5-1976).
(b) where the ground of the petition is the ground specified 1 *** or in clause (i) of sub-section (1) of section 13, the petitioner has not in any manner been accessory to or connived at or condoned the act or acts complained of, or where the ground of the petition is cruelty the petitioner has not in any manner condoned the cruelty, and 2[
(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence, and]
(c) 3[the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent, and
(d) there has not been any unnecessary or improper delay in instituting the proceeding, and
(e) there is no other legal ground why relief should not be granted, then, and in such a case, but not otherwise, the court shall decree such relief accordingly.
(2) Before proceeding to grant any relief under this Act, it shall be the duty of the court in the first instance, in every case where it is possible so to do consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties: 4[Provided that nothing contained in this sub-section shall apply to any proceeding wherein relief is sought on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi) or clause (vii) of sub-section (1) of section 13.] 2[
(3) For the purpose of aiding the court in bringing about such reconciliation, the court may, if the parties so desire or if the court thinks it just and proper so to do, adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to any person named by the parties in this behalf or to any person nominated by the court if the parties fail to name any person, with directions to report to the court as to whether reconciliation can be and has been, effected and the court shall in disposing of the proceeding have due regard to the report.
(4) In every case where a marriage is dissolved by a decree of divorce, the court passing the decree shall give a copy thereof free of cost to each of the parties.] 5[