Section 23: Decree in Proceedings

Section 23(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, except in the specified statutory exceptions relating to Section 5, is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief; and

(b) where applicable, the petitioner has not been accessory to, connived at or condoned the act or acts complained of, or, in a case based on cruelty, has not condoned such cruelty; and

(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) the petition, except a petition 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.

Section 23(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 to do so consistently with the nature and circumstances of the case, to make every endeavour to bring about reconciliation between the parties, subject to the statutory exceptions.

Section 23(3)

For the purpose of aiding the court in bringing about reconciliation, the court may adjourn the proceedings for a reasonable period not exceeding fifteen days and refer the matter to a person named by the parties or nominated by the court, as provided by law.

Section 23(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.

Explained:

Section 23 of the Hindu Marriage Act, 1955 lays down the conditions that a court must examine before granting matrimonial relief, including divorce. It ensures that a decree is granted only when the legal requirements are satisfied and the petitioner is entitled to the relief claimed.

Conditions for Granting Relief Under Section 23

Under Section 23(1), the court must be satisfied that the grounds for seeking relief legally exist and that the petitioner is not taking advantage of their own wrong to obtain a favourable order. This provision helps prevent the misuse of matrimonial proceedings.

The section also addresses condonation of cruelty, collusion between spouses, unnecessary delay in filing proceedings and other legal reasons that may prevent relief from being granted. In divorce cases based on mutual consent, the court must ensure that consent has not been obtained through force, fraud or undue influence.

Section 23(2) further requires the court, wherever possible and appropriate, to make efforts to bring about reconciliation between the parties before granting relief. However, statutory exceptions apply to certain grounds for divorce. The provision reflects the importance of fairness and reconciliation in matrimonial disputes.

Important Judgments on Section 23

1. Hirachand Srinivas Managaonkar v. Sunanda (2001)

The Supreme Court held that a spouse seeking divorce under Section 13(1-A) cannot obtain relief by taking advantage of their own matrimonial wrong. The judgment explains the importance of Section 23(1)(a) in preventing abuse of matrimonial law.

2. Saroj Rani v. Sudarshan Kumar Chadha (1984)

The Supreme Court considered the relationship between restitution of conjugal rights and divorce. It clarified that a mere unwillingness to resume cohabitation does not automatically amount to taking advantage of one’s own wrong under Section 23.

3. Mahendra Manilal Nanavati v. Sushila Mahendra Nanavati (1965)

The Supreme Court emphasised that matrimonial relief must be based on relevant material and evidence capable of satisfying the court that the legal grounds for relief have been established.

Conclusion

Section 23 of the Hindu Marriage Act, 1955, acts as an important safeguard in matrimonial litigation. It requires courts to examine the legality of a claim, prevent improper use of matrimonial remedies and consider reconciliation where appropriate. Understanding this section is essential for anyone studying divorce law and matrimonial proceedings in India.