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Failure to appear in reconciliation proceedings-court can no

 

failure to appear in reconciliation proceedings-court can not strike off defence

 
 Under S. 23(2) of the Act it is incumbent on the matrimonial Court, to endeavour to bring about reconciliation between the parties, a great responsibility is cast on the Court. A Hindu marriage is not contractual but sacrosanct, it is not easy to create such ties but more difficult to break them; once anulled, it cannot be restored. A Judge should actively stimulate rapproachment process. It is fundamental that reconciliation of a ruptured marriage is the first duty of the Judge. The sanctity of marriage is the corner stone of civilisation. The object and purpose, of this provision is obvious. The State is interested in the security and preservation of the institution of marriage and for this the Court is required to make attempt to bring about, a reconciliation between the parties. However, omission to make attempts at reconciliation will not take away the jurisdiction of the Court to pass any decreeunder the Act. This is not correct to say that in a divorce case reconciliation efforts have to be timed immediately preceding the grant of decree and not at any other stage of the proceedings of the trial. Such an attempt can be and should be made at any stage. The matrimonial Court is required to call parties and make a genuine effort for their reconciliation, there is not even a whisper in this provision that the matrimonial Court has the power to strike off the defence of that spouse, who after being given opportunities for reconciliation fails to appear.

Punjab-Haryana High Court
Love Kumar vs Sunita Puri on 26 September, 1996
Equivalent citations: AIR 1997 P H 189, II (1998) DMC 711, (1997) 116 PLR 271


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