Divorce under the Hindu Marriage Act is not merely an adversarial contest that ends in a decree; the statute builds a peacemaking stage into the court’s own duty. Section 23(2) requires the court, before granting any relief, to “make every endeavour to bring about a reconciliation between the parties” where it is possible to do so consistently with the nature and circumstances of the case. In Delhi, that duty is reinforced by the Family Courts Act, 1984 and an institutional mediation framework that most contested matrimonial cases will pass through.
Three statutory layers
| Provision | What it requires |
|---|---|
| Section 23(2), Hindu Marriage Act, 1955 | Before granting relief, the court must make every endeavour to bring about reconciliation, where possible and consistent with the case — subject to the excepted grounds |
| Section 23(3), Hindu Marriage Act, 1955 | The court may adjourn for up to fifteen days and refer the matter to a person named by the parties or nominated by the court, who reports back on the prospects |
| Section 9, Family Courts Act, 1984 | The Family Court has a duty to assist and persuade the parties to arrive at a settlement, and may adjourn proceedings where a reasonable possibility of settlement exists |
Alongside these, Section 89 CPC supplies the general machinery for reference to mediation in civil proceedings, and the counsellor framework under the Family Courts Act gives judges trained personnel to whom parties can be sent.
How it plays out in a Delhi Family Court
What the duty is — and is not
The endeavour must be genuine, but it is not a power to compel. A court cannot refuse relief indefinitely because it wishes the parties would reconcile; once the attempt fails and a ground is proved, the decree follows. Equally, the duty is not an empty ritual: where the record of a contested cruelty case shows no attempt at all, the omission of a mandatory step becomes an appellate point. The practical rule for counsel on both sides is to make sure the order sheet shows the endeavour, the referral if any, and the result.
Strategic notes
For petitioners, the reconciliation stage is not dead time. It is where interim arrangements — maintenance, residence, access to children — often get settled by consent, narrowing the contested field. For respondents resisting divorce, a sincere posture at reconciliation matters: a spouse who seeks dissolution while rebuffing every endeavour may face the court’s questions, but equally, a respondent who professes willingness to reunite yet whose conduct contradicts it will find the profession weighs little. And for both sides, the confidentiality of the process means positions can be explored candidly without creating ammunition for trial.
Mediation in matrimonial disputes in Delhi operates through the court-annexed centres attached to the Family Courts and the Delhi High Court, and settlements reached there are reduced to writing and enforced through the referring court. Where a settlement dissolves the marriage, it is implemented through the statutory route — ordinarily a Section 13B petition — not by the agreement alone.
Frequently Asked Questions
Does the reconciliation duty apply to every divorce ground?
No. By its terms, Section 23(2) does not apply where relief is sought on the grounds in clauses (ii) to (vii) of Section 13(1) — conversion, incurable unsound mind as specified, virulent and incurable leprosy as it stood, venereal disease, renunciation, and presumed death. For cruelty, adultery and desertion, the endeavour must be made where circumstances permit.
Can a decree be challenged because no reconciliation was attempted?
The attempt is a statutory step, and decrees have been tested in appeal where the record shows it was wholly omitted in a case where it was required. Courts therefore record the attempt and its failure; practitioners should ensure the order sheet reflects it.
Is mediation the same as the court's reconciliation endeavour?
They overlap but are distinct. The court's endeavour under Section 23(2) can be discharged in court or through a referral; Section 23(3) permits adjournment and reference to a person named by the parties or nominated by the court. In Delhi, referral to the court-annexed mediation centre is the common institutional route.
Does attempting reconciliation prejudice a party's case?
No. Settlement discussions and mediation proceedings are confidential and without prejudice; what is said there cannot be used as an admission in the trial. Participating in good faith carries no evidentiary cost.