Section 23A HMA: Relief for respondent in divorce and other proceedings

Hindu Marriage Act, 1955

Section 23A HMA at a Glance

In an HMA case for divorce, judicial separation, or restitution of conjugal rights, Section 23A HMA lets the respondent oppose the petition and make a counter-claim for relief on the ground of the petitioner's adultery, cruelty, or desertion.

Section 23A HMA Bare Act Text

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.

Amendments to this section

Ins. by s. 17, ibid. (w.e.f. 27-5-1976).

Section 23A HMA in Simple Words

Section 23A HMA allows a respondent in specified matrimonial cases to seek affirmative relief inside the petitioner's existing case instead of filing a separate petition. Section 23A HMA applies in any proceeding under the Hindu Marriage Act, 1955 for divorce (governed by Section 13 HMA), judicial separation, or restitution of conjugal rights.

In such a proceeding, the respondent may oppose the relief sought on the ground of the petitioner's adultery, cruelty, or desertion, and may also make a counter-claim (a claim by the respondent seeking relief in the same proceeding) for any relief under the HMA on that ground. If the petitioner's adultery, cruelty, or desertion is proved, the court may give the respondent any relief under the HMA to which the respondent would have been entitled had the respondent presented an independent petition seeking that relief on that ground. Section 23A HMA was inserted with effect from 27 May 1976.

When Section 23A HMA Applies

A proceeding is pending under the HMA for divorce, judicial separation, or restitution of conjugal rights.
The respondent relies on the ground of the petitioner's adultery, cruelty, or desertion.
On that ground, the respondent opposes the relief sought and makes a counter-claim for relief under the HMA.
The petitioner's adultery, cruelty, or desertion is proved.
The court may grant any relief under the HMA to which the respondent would have been entitled on a separate petition seeking that relief on that ground.

Example of Section 23A HMA

Prakash files a petition in Bhubaneswar seeking restitution of conjugal rights against Bhavna under the HMA. Rather than filing a separate case, Bhavna relies on Section 23A HMA to oppose Prakash's petition on the ground of Prakash's desertion and makes a counter-claim in the same proceeding for divorce under Section 13 HMA on that ground. At trial, Prakash's desertion is proved so as to meet the statutory requirement for divorce under the HMA. Under Section 23A HMA, the court may grant Bhavna a decree of divorce on the counter-claim, as Bhavna would have been entitled to that relief on a separate petition seeking divorce on that ground.

FAQs on Section 23A HMA

What is Section 23A HMA?▼

Section 23A HMA is a procedural provision of the Hindu Marriage Act, 1955 that enables a respondent to claim relief without filing a separate case. In a proceeding for divorce, judicial separation, or restitution of conjugal rights, Section 23A HMA lets the respondent oppose the petition and make a counter-claim on the ground of the petitioner's adultery, cruelty, or desertion.

Does a respondent have to file a separate petition to seek relief on the ground of the petitioner's cruelty?▼

No. Under Section 23A HMA, in a proceeding for divorce, judicial separation, or restitution of conjugal rights, the respondent may make a counter-claim in the same proceeding on the ground of the petitioner's adultery, cruelty, or desertion.

What grounds can support a counter-claim under Section 23A HMA?▼

The petitioner's adultery, cruelty, or desertion. If any of those three grounds is proved, the court may grant the respondent any relief under the HMA to which the respondent would have been entitled on an independent petition on that ground.

In which proceedings can a respondent use Section 23A HMA?▼

Divorce, judicial separation, or restitution of conjugal rights proceedings. Section 23A HMA names those three proceedings under the Hindu Marriage Act, 1955.

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Disclaimer: This is for informational purposes only. Always consult a qualified advocate for legal advice.

Sources: Bare Act Text, Hindu Marriage Act, 1955 ·