Section 23 of the Hindu Marriage Act, 1955 - Decree in Proceedings
Section 23 prescribes the checks a court must apply before granting matrimonial relief, even when a petition is not contested. It also deals with reconciliation, referral for settlement and supplying free copies of divorce decrees.
Meaning and scope of Section 23
The expression decree in proceedings refers to the court's formal adjudication granting relief under the Hindu Marriage Act. Section 23(1) applies to proceedings under the Act whether defended or undefended. The court must be satisfied that the legal requirements are met; the respondent's absence does not automatically entitle the petitioner to a decree.
Conditions for granting matrimonial relief under Section 23(1)
Section 23(1)(a): Ground for relief and the petitioner's own wrong
The court must find that a statutory ground for relief exists and, subject to the express exception concerning specified breaches of Section 5(ii), that the petitioner is not seeking to benefit from his or her own wrong or disability. This is often described as the own-wrong principle. Its application depends on the facts and the relief sought.
Section 23(1)(b): Connivance and condonation
For a divorce petition based on adultery under Section 13(1)(i), the petitioner must not have been accessory to, connived at, or condoned the acts complained of. For cruelty, the petitioner must not have condoned the cruelty. Connivance generally means willing participation in or encouragement of the misconduct; condonation refers to forgiveness of matrimonial misconduct in the relevant legal circumstances.
Section 23(1)(bb): Free consent in mutual-consent divorce
Where divorce is sought by mutual consent under Section 13B, the court must be satisfied that consent has not been obtained by force, fraud or undue influence.
Section 23(1)(c): No collusion
Except for a petition under Section 11 concerning void marriages, the petition must not be presented or prosecuted in collusion with the respondent. Collusion involves an improper arrangement to secure a matrimonial decree through a misleading presentation of the case.
Section 23(1)(d): No unnecessary or improper delay
The court considers whether the petitioner has delayed bringing proceedings without proper justification. Delay is assessed in the circumstances of the particular case.
Section 23(1)(e): No other legal bar
The court must also be satisfied that no other legal ground prevents the requested relief. Only when the applicable requirements are fulfilled may the court decree the relief.
Section 23(2): Duty to attempt reconciliation
Before granting relief, the court must, where possible consistently with the nature and circumstances of the case, endeavour to reconcile the parties. The statutory proviso excludes proceedings founded on the grounds specified in Section 13(1)(ii) to (vii). Because some of these clauses have been omitted or amended over time, the current statutory text should be consulted when applying the proviso.
Section 23(3): Referral to assist reconciliation
To assist reconciliation, the court may, where the parties wish or the court considers it just and proper, adjourn proceedings for a reasonable period not exceeding 15 days and refer the matter to a person selected by the parties or nominated by the court. The court must give due regard to the resulting report when deciding the proceedings.
Section 23(4): Free copy of divorce decree
Whenever a marriage is dissolved by a decree of divorce, the court passing the decree must provide one copy free of cost to each party.
Section 23 - Statutory provisions explained
Sub-section (1): Requires proof of grounds for relief and satisfaction of clauses (a), (b), (bb), (c), (d) and (e) before a decree can be passed.
Sub-section (2): Requires reconciliation efforts wherever possible, subject to its proviso.
Sub-section (3): Authorises a short adjournment and referral to facilitate reconciliation, with a maximum adjournment of fifteen days under this provision.
Sub-section (4): Requires a free copy of the divorce decree for both parties.
Related provisions of the Hindu Marriage Act
- Section 5: Conditions for a Hindu marriage, including the capacity to give valid consent.
- Section 11: Void marriages.
- Section 13: Grounds for divorce.
- Section 13B: Divorce by mutual consent.
- Section 23A: Relief available to a respondent by counterclaim in specified matrimonial proceedings.
- Section 24: Maintenance during proceedings and litigation expenses.
- Section 25: Permanent alimony and maintenance.
Frequently asked questions
Does Section 23 apply when the respondent does not contest a divorce?
Yes. Section 23(1) expressly applies whether proceedings are defended or not.
Can a court grant divorce merely because both parties agree?
No. In a mutual-consent divorce, the court must apply Section 13B and satisfy itself under Section 23(1)(bb) that consent is not obtained by force, fraud or undue influence.
Is reconciliation compulsory in every matrimonial case?
The court must endeavour to reconcile where possible and appropriate, subject to the statutory exceptions in Section 23(2). Reconciliation cannot be treated as an absolute requirement in every case.
Who receives a free copy of the divorce decree?
Under Section 23(4), each party must receive a free copy from the court passing the decree.
Official legislation and legislative history
Read the Hindu Marriage Act, 1955 on India Code (official PDF). The current Section 23 text incorporates changes made by Act 68 of 1976, Section 16, effective from 27 May 1976, including provisions relating to mutual consent, reconciliation and decree copies. Historical footnotes in older bare acts should not be confused with additional operative conditions.
Legal information only. Application of the provision depends on the statutory text in force, relevant judicial decisions and the facts of the case.