top of page
Jul 6, 20233 min read

Rights Of Couples Under Section 23 Of The Hindu Marriage Act

The Hindu Marriage Act was taken into consideration due to the shifting demands of society, and ultimately the divorce provision also found a home in the Hindu Marriage Act. With marriage, a family can be raised, and as a result, the two people who enter it forge an unbreakable relationship. With the institution of marriage, two people can formally pledge their love and support for one another. Due to people's irrationality, in addition to the concept of marriage, the concept of divorce is also prevalent.


Although the term "divorce" is not defined by any statutes, it may be characterized as a formal severance of the legal ties formed during marriage. A divorce, which divides the married couple at their own will and with their own permission, is thus also a seven-letter term. So, divorce can be seen as a way to end a marriage that involves not just two people but also two families.


Legal Provisions:

The Hindu Marriage Act of 1955's Section 23 prohibits matrimonial relief. The circumstances under which the court would not grant matrimonial relief are described. The following requirements apply to sub-section 1 of Section 23:

  • According to Section 23's sub-clause section (a), the petitioner must demonstrate that they are not profiting from their own mistakes. For instance, if the petitioner had been torturing the respondent continuously and the respondent had reciprocated by acting cruelly towards the petitioner, the petition would not be eligible for relief on the grounds that the respondent had acted cruelly because the petitioner had initiated the act of torturing and teasing the respondent. As a result, the Court upholds the equity principle that a person seeking equity must do so with good intentions.

  • A petition that is being brought on the basis of adultery has not in any way been a companion to connive at or excuse the conduct complained of, according to Section 23's sub-section 1 clause (b). Being an "accessory" therefore means actively encouraging the offense that is the subject of the complaint in this situation. If the court finds that the petitioner participated on this premise, it will not provide relief. Connivance, on the other hand, denotes a willful acceptance of a conjugal violation. Thus, no redress might be granted by the court if one spouse is willfully, intentionally, or recklessly permitting the conjugal violation. Lastly, condonation denotes the act of forgiving. So, if the spouse who committed the matrimonial offense were to be reinstated, the court would determine that there was a good likelihood of reconciliation and that no relief should be granted.


  1. According to clause (bb) of sub-section 1 of Section 23, a relationship would be ineligible for any type of relief if the divorce was granted on the basis of mutual consent and that consent had not been obtained by fraud, coercion, or undue influence.

  2. Collusion is discussed in clause (c) of paragraph 1 of Section 23. Thus, it maintains that relief will not be granted in situations where two parties who are still married have consented to a divorce but have tricked the court in order to obtain it.

  3. A divorce or judicial separation decision cannot be granted relief if it is filed with an unreasonable or improper delay, according to clause (d) of sub-section 1 of Section 23.

  • According to Section 23(2), the court has a responsibility to consider the facts of the case and make every effort to mediate a resolution between the parties.

  • If the court deems it appropriate and the parties request it, the court may adjourn the case for a reasonable period of time—not to exceed 15 days—and refer it to any person named by the parties, or to the person the court designates if the parties fail to do so, with instructions to report the case to the court. This was stated in the Hindu Marriage Act of 1955, Section 23, Subsection 3

  • According to Section 23 Subsection 4, all parties must get a free copy of the court's divorce decree if the marriage is dissolved by a divorce decree.

A court marriage in Delhi can be done if the couple lives there. Moreover, court marriage fees in Mumbai can be paid if the court marriage has been done in Mumbai. Court marriage in Ghaziabad can also be done.


We provide a variety of professional and legal services at Lead India. You can ask a legal question here. Get the finest guidance in this situation and talk to a lawyer. The members of our legal team will help you make informed decisions. We also provide free legal advice online


Call Us: +91–8800788535

Email: care@leadindia.law


Comments

bottom of page