Hindu Marriage Act Section 23A
Code:
Relief for respondent in divorce and other proceedings.—
In any proceeding for divorce or judicial separation or restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner’s adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioner’s adultery, cruelty or desertion is proved, the court may give to the respondent any relief under this Act to which he or she would have been entitled if he or she had presented a petition seeking such relief on that ground.
Explanation:
This section provides a vital provision for the respondent (the person against whom the divorce petition is filed) in divorce, judicial separation, or restitution of conjugal rights proceedings under the Hindu Marriage Act. It grants the respondent the right to not only defend themselves against the petition but also to file a counter-claim seeking their own relief under the Act. This counter-claim can be based on the petitioner’s (the person filing the petition) adultery, cruelty, or desertion, even if the respondent is the one being sued.
If the petitioner’s adultery, cruelty, or desertion is proven, the court has the power to grant the respondent any relief they would have been eligible for if they had initiated a separate petition seeking that relief. This can include divorce, judicial separation, or even restitution of conjugal rights.
Illustration:
Consider a scenario where a husband files for divorce on grounds of his wife’s cruelty. While defending herself, the wife discovers evidence suggesting the husband has been engaging in adultery. She can then use this evidence to file a counter-claim for divorce on the grounds of her husband’s adultery. If the court finds the husband’s adultery to be true, it can grant the wife a divorce, even though she was initially the respondent in the case.
Common Questions and Answers:
Q: Can the respondent file a counter-claim for any type of relief under the Act?
A: Yes, the respondent can file a counter-claim for any type of relief provided under the Hindu Marriage Act, including divorce, judicial separation, restitution of conjugal rights, etc., as long as the grounds are proven.
Q: What if the petitioner’s adultery, cruelty, or desertion is not proven?
A: If the petitioner’s grounds for seeking relief are not proven, the respondent’s counter-claim may fail. The court will consider all evidence presented and determine the outcome of the case based on the merits of each argument.
Q: Can the respondent file a counter-claim even if they are not seeking a divorce?
A: Yes, the respondent can file a counter-claim even if they are not seeking a divorce. They can still seek relief such as judicial separation or restitution of conjugal rights based on the petitioner’s adultery, cruelty, or desertion.
