In any proceedings under the Hindu Marriage Act 1955, whether it is defended or not the court can pass decree if it is satisfied with all the clauses. Provisions in the Act mentioned in Section 23 the Hindu Marriage Act 1955 are.
Section 23 of the Hindu Marriage Act 1955 - Decree in
Section 23(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 grounds specified in sub-clause (a), sub clause (b) and sub-clause (c) of clause (ii) of Section 5 is not 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 subsection (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 or 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 a 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
(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.
Section 23-A- Relief for respondent in divorce and other proceedings.
In any proceedings for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner's adultery, cruelty or desertion is proved, the Court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.
The Hindu Marriage Act (HMA) 1955
Section 2. Application of the Act
Section 3 and 4 of Hindu Marriage Act 1955
Section 5 Conditions for Hindu Marriage.
Section 6 and 7 of Hindu Marriage Act 1955
Section 8 Registration of Hindu Marriages
Section 9 Restitution of Conjugal Rights
Section 10 Judicial Separation
Section 11 Nullity of Marriage and Divorce- Void Marriages
Section 13A Alternate Relief in Divorce Proceedings
Section 13B Divorce by Mutual Consent
Section 14 No Petition for Divorce to be Presented within one year of Marriage
Section 15 Divorced Person, When may marry again
Section 16 Legitimacy of Children of Void and Voidable Marriages
Section 17 Punishment for Bigamy
Section 18 Punishment for contravention of certain other provisions in the Hindu Marriage Act
Section 19 Court to which Petition shall be presented
Section 20 Contents and Verification of Petitions
Section 21 Application of Act 5 of 1908
Section 21A Power to transfer Petitions in Certain Cases
Section 21B Special Provision relating to trial and disposal of Petitions under the Act
Section 21C Documentary Evidence
Section 22 Proceedings to be recorded and may not be Printed or published
Section 23 Decree of Proceedings
Section 23A Relief for respondent in divorce and other proceedings
Section 24 Maintenance, Pendente lite and Expenses for Proceedings
Section 25 Permanent Alimony and Maintenance
Section 26 Custody of Children
Section 27 Disposal of Property
Section 28 Appeals from Decrees and Orders
Section 28A Enforcement of Decrees and Orders