Decree In Proceedings

 

(1) In any proceeding under this Act, whether defended or not, if the Court is satisfied that-

 

(a) different grounds for granting relief exists and the petitioner except in cases where support is inquired by him on the areas designated in sub-clause (a) sub-clause (b) and sub-clause (c) of clause (ii) of Section 5 is not in any way taking advantage of his or her disability for such relief

 

(b) The basis of the petition is specified in section (i) of sub-section (1) of section 13, the petitioner has not aided or abetted the complaint or action, or where the basis or petition is cruel, the petitioner is not under any circumstances. Ignored the harassment.

 

(c) Where divorce is sought on the ground of mutual consent, such consent has not been obtained by force, fraud, or influence

 

(d) The petition (not being a petition filed under section 11) has not been presented or prosecuted with the conspiracy of the defendant.

 

(e) If there is no ground under which the relief should not be granted then the court allows such relief accordingly.

 

(2) Before proceeding with the case & granting relief under this act, it should be the duty of the court in the first instance to make every effort to reconcile between parties, 

 

Provided that nothing included in this sub-section shall apply to any transaction wherein relief is on any of the grounds specified in clause (ii), clause (iii), clause (iv), clause (v), clause (vi), or clause (vii), of sub-section (1) of Section 13.

 

(3) For the matter of reconciliation, the court may also adjourn the case if it is required, under 15 days.

 

(4) In each case where the marriage is dissolved by a decree of divorce, the Court is passing the decree shall provide a copy thereof free of charge to each party.  

 

Legal Team

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