The Concept Of Matrimonial Relief

In India, a marriage is considered an eternal bond between two people. In the

Hindu culture, the wife was seen as a Dharampatni, without whom the husband
couldn’t perform certain duties or yajnas (sacrifices). As societies developed, the
mindset of the people started changing. Marriage was considered a contract
rather than a union of two souls. In the latter half of the 19th century, the
concept of divorce was also introduced. In 1955, the Hindu Marriage Act was
introduced, which defined marriage as a contract between two people that can be
terminated at the will of either of the parties or mutually, subject to certain
conditions. These conditions are known as matrimonial relief. This means that
there are certain remedies available to both parties if the marriage goes
sideways. However, these remedies have certain legal restrictions or bars.
 Matrimonial relief
The Hindu Marriage Act, 1955(HMA), is the important legislations governing the
marriage and divorce in India sec 9 to sec 13 talks about the matrimonial reliefs
which are available to the parties seeking divorce .
The matrimonial reliefs available to the parties are:

Sec 9 Sec 10 Sec 11 & 12 Sec 13 Sec 24 , 25

Restitution Of Judicial Nullity Of Grounds for Maintenance

conjugal Separation Marriages Divorce
rights
● It is not always that the petitioner will claim the relief and will get
it, there are some bars available .
● If the petitioner wants to claim any matrimonial relief there are
well established grounds in each sections of Hindu marriage act ,
1955, so first those grounds are to be fulfilled.
● If any essential ground is not fulfilled then you cannot claim the
relief.
● After ensuring that there is a ground available , it is important to
ensure that their is no bar available , If any bar is available than
the relief cannot be claimed .
 Fault theory
• One of the theories of divorce which is called as ‘Fault theory ‘ previously
called as ‘Offence or guilt theory’
• In fault theory there is a ‘dichotomy of guilt and innocence’ meaning that for
the fault theory to work the important things is contrast between guilt and
innocence i.e one party must be guilty of the matrimonial conduct or offence
and the other party must be innocent .
• If the petitioner is not an innocent party , who is responsible in a way for the
matrimonial offence committed by the respondent . Then in those cases he
is barred from the matrimonial relief.
• Even if the respondent is proven guilty of an offence , the petitioner will not
get the relief even if the respondent is guilty , just because he himself Is not
an innocent party hence of law , you cannot take benefit of your own wrong.
 Bar to matrimonial relief
● The remedies mentioned in the Hindu Marriage Act, 1955 have certain bars
which must be crossed in order to get matrimonial relief. These bars are
based on the Doctrine of Equity. This doctrine states that “One who comes to
equity must come with clean hands”. This means that the person seeking
matrimonial relief must prove the fault of the other party and also cross the
bars to matrimonial relief. This maxim examines the past conduct of the
aggrieved party and ensures that he/she does not take advantage of his/her
wrong.
● The bars to matrimonial relief have been defined under Section 23 of the
HMA. This provision states that if the aggrieved party seeking relief under any
of the bars mentioned from clause (a) to (e) of Section 23(1) of the Hindu
Marriage Act is in contravention to any of these clauses, then such grant for
relief shall be quashed. Any order passed by the Court against these bars will
be null.
● Burden of proof
The doctrine of strict proof is recognized in matrimonial cases which are civil in
nature. The burden of proof in matrimonial cases is two-fold. In divorce
proceedings, the aggrieved party has the burden of proof relating to allegations,
maintenance, custody of the children, etc. Whereas, while seeking matrimonial
relief, the spouses must prove the fault of the other party.

● Taking advantage of one’s own wrong

When you know you are at fault yourself but if you still go to the court of law for
seeking relief it means that you are taking benefit or advantage of your own
wrong.

● Accessory (knowing or active participation)

When a petitioner is knowingly or actively participating in a matrimonial offence
by the respondent .
Eg . Husband is encouraging or requesting other people to have illicit relation /
intercourse with this wife , Now here if the husband files a petition on the ground
of adultery against his wife.
● Connivance
Connivance, like accessory, is involvement in an immoral or wrongful act. In
accessory, the petitioner is guilty of helping the respondent in committing the
crime whereas, in connivance, the petitioner encourages the wrongful act of the
respondent. Connivance is the anticipatory willing consent given by the
petitioner to a wrongful act. In such a case, the petitioner will not be eligible for
relief.

● Condonation
Condonation is the forgiveness of the crime committed by the offender. Hence
while granting relief, the Court has to examine whether the act committed by
the respondent in case of cruelty or adultery is not condoned/erased by the
petitioner. It is assumed that once the act is condoned, the offender will not
repeat it. The two main ingredients of condonation are forgiveness and
reinstatement.
● Collusion
Section 23(1)(c) of the HMA, mentions the bar of collusion. Collusion is an
absolute bar under the Hindu Marriage Act, 1955 and the Special Marriage Act,
1954. Collusion is an agreement between the parties for obtaining matrimonial
relief by deceiving or misrepresenting the court or producing false evidence. The
only exception to this bar is divorce by mutual consent. The burden of proving to
the court that there is no collusion on the part of the spouses rests with the
petitioner. The HMA has abolished this bar in cases where marriages are null and
void, but it is available under the Special Marriage Act.

● Delay
Delays are never tolerated. It is quite natural to say that unnecessary delays are
a bar to matrimonial relief. Likewise, the burden of proving that the delay was not
intentional falls on the petitioner. This bar is based on the doctrine of Laches
which states that in a civil dispute, a party may not be allowed to file a suit due to
an unreasonable delay.
● Reconciliation
Section 23(2) imposes a duty on the Court to make an attempt to bring about
reconciliation between the parties.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. However, the court
cannot coerce the parties.
The reconciliation shall not be applicable in instances where divorce is on the
grounds of leprosy, conversion, insanity, venereal disease, renunciation, or
presumption of death. [sec 13(1) (ii),(iii),(v),(vi),(vii)].

● Reconciliation machinery
Section 23(3) provides aid to the court for getting reconciliation between parties
court will adjourn the matrimonial proceedings for a reasonable time not
exceeding 15 days.

Section 23(4) Once the case is decided i.e the marriage is dissolved , disposal of
suit .The court is entitled to give the copies of the proceedings to both the parties
● Conclusion

● Matrimonial relief in India is a complex topic. All these bars mentioned above
are absolute under all Indian personal laws. Earlier, these bars were
applicable for seeking relief only for the dissolution of marriage. However
nowadays with the introduction of new bars like collusion, taking advantage of
one’s wrong, etc. their scope has extended to all matrimonial remedies. The
only motive of imposing these bars is that the spouse who seeks relief must
have a genuine reason and should not have selfish interests. Hence the
burden of proving not just the respondent’s guilt, but also his/her innocence is
on the party seeking relief.
● Granting matrimonial reliefs under the Indian personal laws can be a very
difficult task for the Courts with so many aspects to look at, so the Courts
need to be vigilant and examine each case thoroughly.
THANKYOU!