HMA 23 — Decree in proceedings

Hindu Marriage Act, 1955

Statutory 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

[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

(b) where the ground of the petition is the ground specified

* * * 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

[(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 (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:

[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.]

[(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.]

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