Which section of the Hindu Marriage Act, 1955 requires the court to endeavour to reconcile the parties…
Section 23(2) requires the court to make every effort to reconcile the parties before granting relief when this is possible given the nature and circumstances of the case.…
Choose your answer
Which section of the Hindu Marriage Act, 1955 requires the court to endeavour to reconcile the parties before granting relief in eligible cases?
Answer and explanation
Correct answer A
Section 23(2) requires the court to make every effort to reconcile the parties before granting relief when this is possible given the nature and circumstances of the case. Its proviso excludes proceedings on specified grounds in Section 13(1). Under Section 23(3), the court may adjourn for up to 15 days to allow a reference for reconciliation.
Option feedback
Option A
Correct. Under Section 23(2) of the Hindu Marriage Act, 1955, before proceeding to grant any relief under the Act, it is 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.
Option B
Incorrect. Section 23A of the Hindu Marriage Act, 1955 deals with relief for the respondent in divorce and other proceedings (counter-claims), not the court's duty of reconciliation.
Option C
Incorrect. Section 21A of the Hindu Marriage Act, 1955 deals with the power to transfer petitions in certain cases, not reconciliation.
Option D
Incorrect. Section 21C of the Hindu Marriage Act, 1955 deals with the admissibility of documentary evidence notwithstanding lack of stamp or registration, not reconciliation.
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