applicability of sec.23A

rajkhandpuri (Querist) 09 September 2010 This query is : Resolved
respected experts,
My son in law has filed for nullity u.s.12 1 a and c with absurd allegations.There is ample proof against allegations.There are 2 criminal cases pending against him connected to this case.One case has reached trial stage.Can my daughter use sec. 23A to get a decree on grounds of cruelty?please suggest the best possible way for her to get free from the case at the earliest.We do not want to approach or negotiate with the other side.

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Prakash Langalia (Expert) 09 September 2010
in my opinion proceeding under sec 12 is not referred in sec 23A for counter claim against respondent, however you can file separate divorce petition for divorce or judicial separation as the case may be on the ground of cruelty

S.N.Derashri (Expert) 09 September 2010
In my considered opinion the best way to get your daughter free is not to contest the petition filed by your son in law and let it be decreed Ex-Partie. contesting the case or filing any other case will only add on your problems and delay the freedom of your daughter.

s.subramanian (Expert) 09 September 2010
You file a separate petition for divorce.

rajkhandpuri (Querist) 09 September 2010
thank you Mr.Prakash, Mr.Derashri and Mr. Subramaniam.I was told that if my daughter goes ex-party then my son in law can file a crl. case against us for fraud as he has alleged in the nullity petition.Is that true?