Section - 23 - Hindu Marriage Act, 1955

Section - 23 - Decree in proceedings

Decree in proceedings.

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 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,

(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,

[(bb) when a divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud or undue influence,]

(c) [the petition (not being a petition presented under section 11)] is not presented or prosecuted in collusion with the respondent,

.... To read the full section download the app from Google Play store