Counter claim in void marriage.

Shantanu Wavhal (Querist) 09 May 2012 This query is : Resolved
Does sec. 23A mean the following ?

The respondent wife can not make any counter claim during the hearing of a petition filed by her husband to get the marriage declared void ab initio.

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 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 such on that ground].

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ajay sethi (Expert) 09 May 2012
academic query

R.K Nanda (Expert) 09 May 2012
Purely academic query.

Shantanu Wavhal (Querist) 09 May 2012
I want to verify the implied meaning; not being in legal profession.

Kindly evaluate my understanding.

R.K Nanda (Expert) 09 May 2012
The respondent wife can make counter claim.

V R SHROFF (Expert) 09 May 2012
Academic Query.
Here experts are to help needy persons with Legal advise,

Shantanu Wavhal (Querist) 09 May 2012
but sec. 23A says -

counter claim can be raised in only 3 cases -
1) divorce
2) judicial separation
3) restitution of conjugal rights

void marriage is not included.

experts pl. explain.

perhaps, I wasn't clear in stating that the husband has filed petition to get his marriage declared void ab initio - sec. 11 r/w sec 5 (i)