Section 23 Hindu Marriage Act 1955 - Decree in Proceedings

Section 23 of the Hindu Marriage Act, 1955 sets out the conditions a court must examine before granting matrimonial relief. It applies whether the proceeding is defended or undefended. Section 23A separately permits a respondent, in specified matrimonial proceedings, to oppose the petition and make a counter-claim on stated grounds.

Updated: 27 September 2026

Meaning and purpose of Section 23

Section 23 falls in the chapter dealing with jurisdiction and procedure under the Hindu Marriage Act, 1955. It directs the court to independently satisfy itself that the statutory requirements for relief have been fulfilled. The requirement applies even when the respondent does not contest the proceeding.

The expression "decree in proceedings" refers to the court's formal grant of relief under the Act, subject to the conditions prescribed by Section 23 and the provision under which the substantive relief is claimed.

Section 23(1): conditions before relief can be granted

Under Section 23(1), the court must be satisfied about the existence of a ground for granting relief and the additional statutory safeguards applicable to the case. The principal requirements are:

• Ground for relief: a ground recognised by the Hindu Marriage Act must exist.
• No advantage from one's own wrong: subject to the statutory exception stated in Section 23(1)(a), the petitioner must not be taking advantage of his or her own wrong or disability for obtaining relief.
• No accessory, connivance or condonation where applicable: in cases covered by Section 23(1)(b), the court must consider whether the petitioner was accessory to, connived at or condoned the complained-of act; the provision also expressly addresses condonation of cruelty.
• Free consent for mutual-consent divorce: where divorce is sought by mutual consent, the consent must not have been obtained by force, fraud or undue influence.
• No collusion: except for a petition presented under Section 11, the petition must not be presented or prosecuted in collusion with the respondent.
• No unnecessary or improper delay: the proceeding must not have been instituted after unnecessary or improper delay.
• No other legal bar: there must be no other legal ground for refusing the relief.

If the applicable requirements are satisfied, Section 23 directs the court to decree the relief accordingly.

Section 23(2): court's duty to attempt reconciliation

Before granting relief, the court must, in the first instance and wherever this is possible consistently with the nature and circumstances of the case, make every endeavour to bring about reconciliation between the parties.

The proviso to Section 23(2) excludes proceedings in which relief is sought on the grounds specified in clauses (ii) to (vii) of Section 13(1). The applicability of this proviso therefore depends on the particular statutory ground on which relief is claimed.

Section 23(3): reference to assist reconciliation

To aid reconciliation, the court may, if the parties desire it or if the court considers it just and proper, adjourn the proceeding for a reasonable period not exceeding 15 days. The matter may be referred to a person named by the parties or, if they do not name anyone, to a person nominated by the court.

The person receiving the reference reports whether reconciliation can be, and has been, effected. When disposing of the proceeding, the court must have due regard to that report.

Section 23(4): free copy of divorce decree

Whenever a marriage is dissolved by a decree of divorce, the court passing the decree must give a copy of the decree free of cost to each party.

Section 23A - relief for respondent in divorce and other proceedings

Section 23A deals with the respondent's right to seek affirmative relief in proceedings for divorce, judicial separation or restitution of conjugal rights. The respondent may oppose the relief sought on the ground of the petitioner's adultery, cruelty or desertion and may also make a counter-claim for relief under the Hindu Marriage Act on that ground.

If the petitioner's adultery, cruelty or desertion is proved, the court may grant the respondent the relief to which he or she would have been entitled had a separate petition seeking that relief been presented.

Related provisions of the Hindu Marriage Act

Section 23 should be read with the provision under which the substantive matrimonial remedy is sought. Relevant provisions commonly include Sections 9 and 10 on restitution of conjugal rights and judicial separation, Sections 11 and 12 on void and voidable marriages, Section 13 on divorce, and Sections 13A and 13B on alternate relief and divorce by mutual consent.