←
Section 23 — Decree in proceedings
23
23
Decree in proceedings
Hindu Marriage Act, 1955
Sections Particulars
⚖️
Reviewed by Advocate Aditi Babbar · Practicing since 3 years
📅 Updated 2026-04-11📚 Source: The Gazette of India
DivorceCourt ProceduresLegal ReliefMarriage Disputes
🗣️ Simple Explanation
What does this law say? Section 23 of the HMA explains what the court must consider before granting a divorce or other relief in a marriage case. The court must be sure that the reasons for the divorce are valid, the person asking for the divorce isn't at fault, and there's no collusion or unnecessary delay.
Why does this law exist? This law ensures that divorces are granted fairly and only when there are genuine reasons. It protects against people trying to take advantage of the system.
Real-life impact This means the court will carefully examine the facts of your case. It will check if you have a valid reason for divorce and if you've acted fairly. The court will also try to help you and your spouse reconcile if possible.
What happens if you break this law? This section itself doesn't have a punishment. It just explains the rules the court follows before granting relief.
💡 Real Life Example

Rahul wants a divorce due to his wife's cruelty. Section 23 ensures the court checks if the cruelty is proven and if Rahul hasn't encouraged it. The court will also try to reconcile them. If the court is satisfied, it will grant the divorce.

Priya files for divorce. Section 23 means the court will check if her reasons are valid and if she's not trying to take advantage. The court will also try to help them reconcile. If the court is satisfied, it will grant the divorce.

🛡️ KNOW YOUR RIGHTS
  • •Ensure your divorce reasons are valid.
  • •Act fairly during the legal process.
  • •Avoid collusion with your spouse.
  • •Present your case without unnecessary delay.
  • •Understand the court's reconciliation efforts.
❓ FREQUENTLY ASKED QUESTIONS
Section 23 of the HMA outlines the conditions the court must consider before granting a divorce or other relief in a marriage case. The court must be satisfied that valid grounds exist, the person seeking relief is not at fault, and there's no collusion or unnecessary delay. The court will also try to reconcile the couple.
No, Section 23 itself does not have any specific punishment. It only describes the conditions the court must consider before granting relief in a marriage case. The section focuses on the court's process and the factors it must evaluate, not on any actions that could lead to punishment.
Advertisement
Sources & References

📒 Legal text sourced from The Gazette of India & AdvocateKhoj Bare Acts Library

⚖️ Content reviewed by Advocate Aditi Babbar, with 3 years of legal practice

📚 Act Reference: Hindu Marriage Act, 1955

Disclaimer: This content is for informational purposes only and does not constitute legal advice. Consult a qualified advocate for specific legal matters.

WhatsApp
Was this helpful?
Advertisement