Correct interpretation of section 23a
ashoksrivastava
(Querist) 11 July 2012
This query is : Resolved
23A. 3[ Relief for respondent in divorce and other proceedings.
dear sirs pl excuse my ignorance I need clarification on above mentioned section of hma. my wife has filed false 498a case and subsequently divorce under section 13 on grounds of cruelty . my query is that against the same petion filed by my wife can I also apply for divorce on grounds of cruelty citing filing of false 498a case by my wife .498a trial has not yet begun.
I s it permissible? and willthe fact that my wife has filed 498a case be reflected in divorce decree. how will it effect divorce proceedings
Nadeem Qureshi
(Expert) 11 July 2012
23A. 3[ 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.]
