Counter claim
ANIL
(Querist) 20 April 2012
This query is : Resolved
In a petition filed under Hindu Marriage act can a counter claim be filed for maintenance under Hindu Adoption and maintenance act?
Devajyoti Barman
(Expert) 20 April 2012
What relief are you seeking for?
Both maintenance and visitation of child is allowed under the HMA.
For adoption matter you have to file a a separate case.
ajay sethi
(Expert) 20 April 2012
you are entitled to claim maintenace under HMA
ANIL
(Querist) 20 April 2012
But when I filed counter claim Judge adjourned the matter for arguement as to how counter claim is maintainable.
Could it be because of S.23A of Hindu Marriage act which says a counter claim under Hindu Marriage act can be filed. Does it mean that a counter claim for maintenance under Hindu Adoption and maintance act cannot be filed?????
ANIL
(Querist) 20 April 2012
Please note question is with reference to HAAMA AND NOT HMA.
Shonee Kapoor
(Expert) 22 April 2012
There is no provision for counter claim under HAMA.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
prabhakar singh
(Expert) 22 April 2012
section 23A of The Hindu Marriage Act,1955 reads as follows.
1"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."
The section is self speaking that such relief can be sought "under this act"means under HMA and not under HAAMA.
The procedure to be followed with regard to
disposal of such claim would be same as provided in order 8 rule 6a to rule 6f of CPC.
