How Section 23 Hindu Marriage Act Protect Family
- lead India
- Apr 6, 2023
- 3 min read
Marriage is a seven-letter word that by itself forges a link between two people and their families. But in Hindu marriages, divorce was absolutely unheard of until 1955. According to common conception, a marriage is a relationship or link that lasts for all time, not only for the present.
Because Hindu society placed such a great priority on preserving marriage, getting a divorce was stigmatized and looked down upon. Among Hindu communities, divorce was a frequent occurrence, particularly among those from the so-called lower social strata.
Due to the altering demands of society, however, the Hindu Marriage Act was taken into account, and ultimately the divorce provision also found a home in the Hindu Marriage Act.
Section 23 Hindu marriage act:
Section 23 outlines a few guidelines for the court as well as the requirements that must be met before the court can issue a ruling in Act-related cases, "whether depended or not."
Nonetheless, subsection (2) requires the court to use every effort, in the first instance, to bring about settlements between the parties in every situation where it is feasible given the facts and circumstances of the case.
Section (1) stipulates that only once the court is satisfied that the circumstances outlined in sub clauses (a) to (e) exist (e). The court must grant the requested relief; otherwise, it cannot. Whether the proceeding is defended or not, the petitioner is still needed to prove the specific grounds on which he bases his claim.
In most cases, the courts demand that the testimony of a spouse who accuses the other spouse of a matrimonial offense be supported. But, if the evidence elsewhere supports it, the court may make a ruling even on the petitioner's unsupported testimony.
In Bipin Chandra v. Prabhawati, the Supreme Court decided that although corroboration is not required as a matter of law to prove a matrimonial offense, the court still requires it as a precaution until an acceptable explanation is provided for its absence.
According to Section 23's sub-clause sections (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.
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 off, according to clause (b) of sub-section 1 of Section 23. As a result, being an "accessory" in this context refers to actively supporting the offense that is the subject of the complaint.
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.
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.
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.
Under subsection 3 of Section 23 of the Hindu Marriage Act of 1955, this was stated. 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.
Court marriage in Delhi can be done if the couple lives in Delhi. Moreover, if the court marriage is done in Mumbai then court marriage fees Mumbai should be paid. If the couple lives in Ghaziabad then court marriage Ghaziabad can be done.
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