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indianlawlearner   10 February 2024

What is the scope qnd elements if counter claim in hindu marriage act

1) What is the scope of 23 (a) of Hindu Marriage act

2) What reliefs can be asked as a counter claim against a petition for divorce 

3) what are te element required to file relief under 23 (a) of Hindu Marriage act



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 1 Replies

T. Kalaiselvan, Advocate (Advocate)     10 February 2024

The provision of law which is given below clearly explains all your questions:

Section 23A in The Hindu Marriage Act, 1955

23A. 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.

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