BAR TO MATRIMONIAL RELIEF & ANCILLARY MATRIMONIAL RELIEF, under THE HINDU MARRIAGE ACT, 1955-

TANMOY MUKHERJI INSTITUTE OF JURIDICAL SCIENCE

Dr. Tanmoy Mukherji

Advocate

 

BAR TO MATRIMONIAL RELIEF & ANCILLARY MATRIMONIAL RELIEF, under THE HINDU MARRIAGE ACT, 1955-

Tanmoy Mukherji

Advocate

The Hindu Marriage Act, 1955 provides remedies for matrimonial disputes.

Even if a statutory ground is proved, the Court must examine Section 23 before granting relief.

BAR TO MATRIMONIAL RELIEF (SECTION 23)-

The Court may refuse to grant matrimonial relief even when a ground is proved, if any of the bars under Section 23 exists.

FLOW CHART –

DETAILS OF BARS UNDER SECTION 23-

1. Taking Advantage of One’s Own Wrong – Sec. 23(1)(a)-

Petitioner should not obtain relief by relying on a situation substantially created by his/her own matrimonial wrong.

2. Accessory / Connivance – Sec. 23(1)(b)-

Petitioner who has participated in, consented to, encouraged or facilitated the matrimonial misconduct.

3. Condonation – Sec. 23(1)(b)-

Forgiveness of matrimonial offence with restoration of the offending spouse to the marital relationship.

4. Free Consent in Mutual Consent Divorce – Sec. 23(1)(bb)-

Consent must be free from force, fraud or undue influence.

5. Collusion – Sec. 23(1)(c)-

Improper agreement between parties to obtain decree by suppressing or fabricating facts to deceive the court.

6. Unnecessary or Improper Delay – Sec. 23(1)(d)-

Unreasonable and unexplained delay in instituting proceedings may operate against the petitioner.

7. Other Legal Ground – Sec. 23(1)(e)-

Court must also be satisfied that there is no other legal ground why relief should not be granted.

CONNIVANCE VS CONDONATION-

Point of Time	CONNIVANCE	CONDONATION
When?	Before or during the misconduct	After the misconduct
Meaning	Consent, encouragement or facilitation of the wrong	Forgiveness of the wrong with restoration of marital relationship
Effect	Bar to relief	Forgiven wrong may not be relied upon (unless revived)
Nature	Participation / Consent	Forgiveness / Restoration

Connivance = Consent

Condonation = Forgiveness

ANCILLARY MATRIMONIAL RELIEF (SECTIONS 24–27)-

Supplementary or consequential reliefs granted during or after matrimonial proceedings in addition to the main relief.

MAIN MATRIMONIAL RELIEFS (Principal Relief)-

ANCILLARY RELIEFS (Supplementary / Consequential Reliefs)-

DETAILS OF ANCILLARY RELIEFS-

COMPARISON-

Comparison	Section 24	Section 25	Section 26	Section 27
Nature	Interim / Temporary	Permanent (Post-Decree)	Relates to Minor Children	Relates to Property
Purpose	Support during litigation	Long-term financial support	Welfare of children	Settlement of joint property
Who can apply?	Either spouse	Either spouse	Either parent	Either spouse
Key Focus	Maintenance + Litigation expenses	Alimony / Maintenance	Custody + Maintenance + Education	Marriage-related joint property

SECTION 23 VS SECTIONS 24–27-

BAR TO MATRIMONIAL RELIEF (Sec. 23)	ANCILLARY RELIEF (Secs. 24–27)
→Prevents improper or unjust decree. →Based on conduct of petitioner and legal prerequisites. →If any bar exists, relief can be refused even when ground is proved.	→Addresses financial, child and property consequences. →Granted to ensure justice, fairness and welfare of dependent spouse and children.

IMPORTANT CASE LAWS-