Hindu Marriage Act Section 23A — Relief for respondent in divorce and other proceedings

General

Summary

In a divorce, judicial separation, or restitution of conjugal rights case, the person being sued (the respondent) can defend themselves by saying the person who filed the case (the petitioner) committed adultery, was cruel, or deserted them. The respondent can also file their own counter-claim asking for any relief available under this Act based on those same grounds. If the court finds that the petitioner did commit adultery, was cruel, or deserted the respondent, the court can grant the respondent the same relief they could have gotten if they had filed their own case on that ground.

Official Text

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.]