The Hindu Marriage Act – Decree In Proceedings

Section 23 – Decree in proceedings

1. In any proceeding under this Act, whether defended or not, if the court is satisfied that-
   1. any of the grounds for granting relief exists and the petitioner is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief, and
   2. where the ground of the petition is the ground specified in clause (f) of sub-section (1) of section 10, or 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, and
   3. the petition is not presented or prosecuted in collusion with the respondent, and
   4. there has not been any unnecessary or improper delay in instituting the proceeding, and
   5. 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.