Bars To Matrimonial Relief Under Hindu Law

Ayush Dhanraj Gupta, Thakur Ramnarayan College of Law

ABSTRACT

This research paper delves into the conditions set forth in Section 23(1) (a) of the Hindu Marriage Act, 1955, which mandates that a petitioner seeking matrimonial relief must establish that the other party committed a "wrong" subsequent to marriage. The paper explores the intricacies of this condition, its connection to the fault theory, and its alignment with the doctrine of equity. It also examines the application of Section 13(1A) and Section 23(1) in divorce cases, emphasizing their roles in ensuring fairness and equity. Furthermore, the paper discusses various bars outlined in Section 23, which serve as safeguards against misuse of matrimonial proceedings. It highlights key legal precedents, such as the "Dastane v. Dastane" case, to illustrate the practical application of these factors in court decisions. Ultimately, the paper underscores the critical role of family courts in judiciously evaluating matrimonial disputes, considering both parties' actions, and upholding principles of fairness, equity, and ethical conduct.

Keywords: Hindu Law, Hindu Marriage Act, Section 23, Fault Theory, Doctrine of Equity, Wrong under Marriage, Bars to Matrimonial Relief.