Question

Which provision of Hindu Marriage Act, 1955 deals with conciliation

• A. S.23
• B. S.23(2)
• C. S.23(3)
• D. S.22

Hint:

Remember Section 23 of the HMA as the "Conscience of the Court" section. It contains the bar to matrimonial relief (like collusion, condonation) in sub-section (1) and the mandatory duty to attempt reconciliation in sub-section (2).

Answer 1

The Correct Option is B

Step 1: Understanding the Concept:
The Hindu Marriage Act, 1955, while providing for remedies like divorce and judicial separation, also places an emphasis on preserving the institution of marriage. It contains a provision that makes it a duty for the court to attempt reconciliation between the parties before granting relief in matrimonial proceedings.
Step 2: Detailed Explanation:
Let's look at the relevant provisions: \begin{itemize} \item Section 23 is titled "Decree in proceedings." It lays down the conditions under which a court can grant relief. \item Section 23(1) lists the grounds on which a court will grant a decree (e.g., the petitioner is not taking advantage of his own wrong, there is no collusion, no unnecessary delay, etc.). \item Section 23(2) specifically imposes a duty on the court regarding reconciliation. It states: "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..." \item Section 23(3) allows the court to adjourn the proceedings to enable reconciliation attempts. \item Section 22 deals with proceedings to be held in camera and prohibits the printing or publication of matrimonial proceedings. \end{itemize} While the entire Section 23 is relevant, the specific duty of the court to attempt conciliation is laid down in sub-section (2). Therefore, S.23(2) is the most precise answer.
Step 3: Final Answer:
The provision of the Hindu Marriage Act, 1955 that deals with conciliation is S.23(2).