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Report No. 59

8.23. Section 23(2)-Recommendation.-

Under section 23(2), before proceeding to grant any relief under this Act, it is the duty of the court to make every endeavour to bring about reconciliation, in every case where it is possible to do so "consistently with the nature and circumstances of the case." From the words which we have quoted, it would appear that where relief is applied for on the ground of conduct not dependent on fault but on some other factor which is constituted by a disease or similar circumstance, an attempt at reconciliation would not be obligatory. We think that it would be appropriate to make this explicit, and, with this object, we would like to exclude, from the mandatory provision in section 23(2), cases where judicial separation or divorce is applied for on the grounds mentioned in section 13(1), clauses (ii) to (vii) of the Act. We recommend accordingly.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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