Matrimonial Relief – Bars

Bar: https://www.merriam-webster.com/dictionary/bar#legalDictionary
➢ something that obstructs or prevents passage, progress, or action
➢ an intangible impediment, obstacle, or barrier
Matrimonial:
of or relating to marriage
Remedy:
1: a medicine, application, or treatment that relieves or cures a disease
2: the legal means to recover a right or to prevent or obtain redress for a wrong

Obstacle, or barrier
to the legal means to recover a right or to prevent or obtain redress for a wrong
with regard to matrimonial remedies

1. Taking advantage of wrong or disability. H.M.A Section 23(1)(a)

- Petitioner must satisfy the court- Not taking due advantage
- Not even cases of ex parte/ irretrievable breakdown of marriage

Case laws
Swapan Chakrawarti v. Viploy Chakrawarti
Petition by hubby - X wife - Cruelty & Desertion
Actually husband -adulterous

Kanchan Saha v. Premananda Saha

Hubby - ex parte - divorce or - desertion

2. Collusion - Secret Co-operation for an illegal or dishonest purpose

- an agreement/understanding husband/wife or their agent.
- Prosecute/present a petition either in positive side by putting true
facts in support of false cases facts.
- To suppress facts which would prevent or tend to prevent the court granting a
divorce.
- H.M.A. Section 23(1)(c) Petitioner has to satisfy that the petition is not presented or
prosecuted in collusion with the respondent.

Case laws
Petition for divorce
- Husband met wife regularly- gave money to her
- requested not to oppose petition
- I won’t harm u.

Wife did not appear for trial petitioner was in adultery

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3. Condonation
- Forgiveness of matrimonial offence and the restoration of offending
spouse to the same position as it was before an offence.
Under Section 34(b) of S.M.A.1954
- of adultery/cruelty is condoned by petitioner, relief on those grounds
Not granted.
Chintalapudi Sathiraju v Chintatapudi Lakshmi
- Wife -Fraud-Thyroid cancer- operation
- Hubby knew the fact before marriage.
Cohabitation continued after marriage- court held the fraud has been condoned
NG Dastane v S Dastane
- Quarrel-fight-Litigation for years
- Husband did not forgive
-Cruelty not condoned

4. Delay
- Delay in filing a suit for matrimonial relief is another bar in matrimonial litigation.
- If delay is unnecessary or improper.
- Section 34(e) of the SMA 1954 and 23(d) of HMA unnecessary or improper delay in
instituting suit.
Pregnancy
- Pregnancy by other person- voidable marriage
- After discovery of fraud-limitation starts
Option of Puberty
- If married before 15 years must file for divorce during 15 to 18 years. Limitation-
after completion of 18 year cannot file.
Case laws
Nijhawan v Nijhavan
- A petition for Annulment of marriage.
- Husband impotence
- Fact was disclosed after 13 years-filed petition
- Reasonable Because Society and Tradition.
Adelaid v William
- Petition for dissolution after 26 year.
- Grounds for condonation -she had to grew/nourish educate daughter-get them
married- early divorce might have been proved detrimental.
- Delay condoned.
Atmaram v Narabada Devi
- Petition for Restitution of conjugal rights after six and a half year.
- Meanwhile all efforts to reconcile failed
-Delay-condoned

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5. One year Bar
- HMA
- Special Marriage Act
- Mutual consent
- One year waiting period after marriage.
- In exceptional cases only relief may be granted.
6. Connivance /Accessory
1) Connivance: Knowledge of and active or passive consent to wrongdoing
2) Accessory: A person not actually or constructively present but contributing as an assistant
or instigator to the commission of an offense
If the spouse himself or herself has been connivance or accessory to the alleged fault and
seeks the matrimonial remedy on that ground wont get the expected relief.