kajal (nothing) 23 August 2017

Divorce case

Sir/ Madam,

Pls tell me what this SECTION 23A: RELIEF FOR RESPONDENT IN DIVORCE AND OTHER PROCEEDINGS means .

Also can wife take benefits under this section if husband filed case against her in 2017 u/s 13(1)(ib) of hindu marriage act . Both are staying separately from 2/04/2011 till date and wife has already filed one case against him in 2012 u/s 9 of hindu marriage act and counter claim against that husband filed case u/s 13(1a) but that case get dismissed in 2015 ( not in favour of any one ). The whole story of petission is same as earlier reply of rcr 9 and couter claim 13(1A) only change is section now he puted case u/s 13(1)(ib).

After 2015 order both party not done anything till 2017 . now husband filed case . wife do not want to give divorce and want to save her marriage but from 2011 her husband in his mind that he only want divorce not to hear any one .

now in this situation what wife can do .

Pls help as soon as possible .

Read more at: https://www.lawyersclubindia.com/experts/modify_message.asp?entry_id=797068

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3 Replies

Siddharth Srivastava (Advocate) 23 August 2017

Contest the case on merit.

kajal (nothing) 24 August 2017

Sir can you pls give ur ans in detailed

Adv Radhika Mehta (Advocate) 27 August 2017

Sec 23A of the HMA basically states that if one spouse has filed a Petition for the relief of RCR, judicial Separation or divorce, the other spouse may not only oppose the same but also file a counter claim seeking any of the reliefs mentioned hereinabove.

The wife cannot take relief under this section and file under sec 9 until and unless there are fresh grounds. The wife cannot file on the same grounds on which her previous Petition was dismissed.

The only remedy available to the wife is to contest the present Petition of the husband and satisy the Court that it was not she who deserted her husband but it was he who deserted her and that he should not be allowed to take advantage of his own wrongdoing.