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Sachin (N.A)     03 January 2017

Section 23 of the Hindu Marriage Act, 1955

Dear All,

 

Can some one explain the meaning of 

Section 23 in The Hindu Marriage Act, 1955

(d) there has not been any unnecessary or improper delay in instituting the proceeding.

 

When it will be considered that petitioner has willfully delayed in filing divorce case?

 

 



Learning

 3 Replies

whatnot   04 January 2017

Could this be of any help?

 

https://www.shareyouressays.com/117828/legal-provisions-of-section-23-of-the-hindu-marriage-act-1955-decree-in-proceedings


(Guest)
Originally posted by : Sachin
Dear All,

 

Can some one explain the meaning of 

Section 23 in The Hindu Marriage Act, 1955

(d) there has not been any unnecessary or improper delay in instituting the proceeding.

 

When it will be considered that petitioner has willfully delayed in filing divorce case?

 

 

Sachin,

Willful delay has lot of wider meaning, its hard to explain which is and which is not unless facts of your case are put here along with the query.

Sachin (N.A)     05 January 2017

Thanks to all for your advice.

 

Actually i am guiding a husband who wants to harras her wife.

 

Her wife left the house 3 year back and filed DV and 498a but none of them filed divorce case, as husband was not having enough proof of cruelty agianst wife and wife is asking huge amount for MCD.

 

Now her interim maintenance in case of DV act has rejected now his wife has filed divorce petition along with sec 24 HMA so i adviced him to challange maintainability of divorce petition under sec 23(1)(d) for unnecessary dealy.

 

Any advice or known case where court has considered this section? 


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