Relief for respondent in divorce and other proceedings
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Summary
In divorce, judicial separation or restitution proceedings, a respondent may oppose the petition and also counter-claim for relief under this Act on the ground of the petitioner’s adultery, cruelty or desertion. If those grounds are proved, the court may grant the respondent any relief under the Act they would have received if they had filed a petition on that ground.
Example
Ravi files a petition for restitution of conjugal rights against Priya. Priya, the respondent, proves Ravi’s cruelty and counter-claims for divorce and maintenance under the Act. The court may grant Priya the divorce or maintenance she would have obtained had she filed a petition on cruelty.
Bare Act
Enacted textIn 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.
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