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Nov 23, 20223 min read

What Is Section 23 Of The Hindu Marriage Act?

Section 23 of the Hindu Marriage Act, 1955, provides for bar to the matrimonial relief. The conditions under which Court would not grant matrimonial relief have been explained as under-

  • Section 23(1)(a) of the Act provides that the petitioner needs to prove that he/she is not taking advantage of his own wrong. For example, in case the petitioner has been torturing the respondent continuously, the respondent treated the petitioner with some cruelty, then the petitioner cannot seek relief on the grounds of cruelty as it was the petitioner who started the torturing and teasing the respondent. The court follows the principle of equity that the one who comes to seek relief should come with clean hands.

  • Section 23(1)(b) of the Act ensures that a petition filed on the ground of adultery shall not be an accessory to disregard or condone the acts being complained of. The term “accessory” here means to aid or assist or to actively participate in the offence against which the complaint has been filed. In case the ground of such participation has been established, then the court would grant no relief.

  • Section 23 (1) (bb) of the Act provides that if a divorce has been given on the ground of mutual consent and such consent has not been derived from any fraud, force or undue influence, then such relationship shall also be barred from any sort of relief.

  • Section 23(1)(c) of the Act explains about collusion. It is of the view that in case two parties within the marital ties have consented for divorce, however, to get divorced they trick the court, in such circumstances any relief shall be denied.

  • Section 23(1)(d) of the Act states that in case there is an unreasonable or improper delay for filing a decree for divorce or judicial separation, then in such a situation relief will be denied.

  • Section 23(2) provides that it is the duty of the court to look into the nature and circumstances of the case and should try every possible endeavour to bring about reconciliation between the parties.

Types of divorce petitions

  • Divorce with Mutual Consent- Divorce by mutual consent could be applied for when the parties agree to have a peaceful divorce. The parties shall have consensus over issues such as the maintenance to be paid, child custody and other matrimonial issues. There is no concept of minimum or maximum maintenance, it could be a figure which has been decided by the parties mutually. Section 13(B) of the Act specifically provides for divorce by mutual consent. The section offers a transitional period of 6 to 18 months as a period of interregnum, which is intended to provide time and opportunities for the parties.

  • Contested Divorce- A divorce, which could be filed by either of the parties, without the consent of the other, based on the grounds provided in Section 13(1) of the Act, is a contested divorce. The party filing for divorce shall have to prove the allegations which have been filed against the defendant. These grounds include the act of adultery, cruelty, desertion, conversion to any other religion, etc. committed by the defendant.

Conclusion-

As has already been explained in the above-mentioned article, Section 23 of the Hindu Marriage Act, 1955 provides bar to the matrimonial relief, it explains certain conditions under which the Court shall decline the application seeking matrimonial relief. In case you have been facing similar issues and need a legal opinion, it is advised to consult Lawyers In Lucknow or Lawyers In Ludhiana or your own city, which could provide you with legal advice as is required.

Lead India offers you a team of experienced Lawyers In Kolkata or various other major cities of the country, who have been successfully handling cases related to divorce, judicial separation, maintenance, etc. and could offer you advice required as per the details of your case.


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