Relief in case of opposition on certain grounds
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Summary
When the defending spouse in a divorce suit replies that the petitioner committed certain faults (for a husband's suit: adultery, cruelty, or desertion; for a wife's suit: adultery or cruelty), the Court may, on the respondent's application, give the respondent the same relief they could get by filing a petition. The respondent is also competent to give evidence about the alleged cruelty or desertion.
Example
Rohan files for divorce saying his wife Priya was cruel. Priya replies that Rohan committed adultery and applies to the Court for relief. The Court may grant her the same relief she could have obtained by filing her own petition, and Priya can give evidence about his alleged adultery or cruelty.
Bare Act
Enacted textIn any suit instituted for dissolution of marriage, if the respondent opposes the relief sought on the ground, in case of such a Suit instituted by a husband, of his adultery, cruelty, or desertion without reasonable excuse, or, in case of such a suit instituted by a wife, on the ground of her adultery and cruelty, the Court may in such suit give to the respondent, on his or her application, the same relief to which he or she would have been entitled in case he or she had presented a Petition seeking such relief, and the respondent shall be competent to give evidence of or relating to such cruelty or desertion.
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