In the society of India during the proceeding of divorce or judicial separation or facing the restitution of conjugal rights or the settlement of any claims, or alimony or demands of maintenance etc, is a crucial part of this from the initial point. Under Family Laws or any general Laws provides this type of demands as the remedy, which works as the ultimate financial support, the way to maintain the providence for either spouse, children whether legitimate or illegitimate, parents and also those who are dependents etc. But there are some scenarios where this claim can be counter or vary. Through this purview we will comprehend related provision, landmark cases etc, for appropriate approach.

Background:
In this context, even before any supplementary Acts, in India the Hindu Dharma Shastra was in existence, It considered the solemnization of the marriage a sacred unity, the bonding which could not ceased unless they met with death. After this during colonization, the British has introduced our society with some Family Laws such as, The Divorce Act of 1869, which introduced us with system of legality (specially it was enacted for Christians who were settled in India at that time). TheHindu Marriage Act, 1955 had come into force during this era just to protect or safeguard the Hindu either gender, who are legally married.

Also, we can find the importance of the Hindu ritual (saptpadi) in respect of the completion of marriage, which also indicates our tradition, the culture of the Hindu history. There were other laws such as The Special Marriage Act, 1954 etc. But in history, where the marriage was considered an unbreakable bond, the British era introduced the society with the concept which facilitate to end that bonding for either partyof the marriage, if they were not satisfied or facing any unethical circumstances (cruelty, desertion etc) or anything else.

Provision
For the purpose of this blog, there are number of provisions under HMA Act, 1955, which provides the way of solemnizing the marriage (valid marriage under section 5 of the said Act) also ways to end that marriage (dissolution of marriage under section13, 13Betc,of said Act) also, there are provision for judicial separation section 10 and restitution of conjugal rights under section 9 of the said Act . But there are some amendments which provides counter of the claims which has demanded before the judicial authority during proceeding under above mentioned, which section 23A of the Hindu Marriage Act, 1955 provides. This provision works as-

1. A relief for the respondent, in divorce or other proceedings, under such the respondent may oppose the claim,
2. Can go for a relief on the ground of adultery or cruelty performed by the petitioner,
3. Also, can make a counter-claim for any relief under this Act on that ground (above mentioned), and
4. If the petitioner's adultery, cruelty, desertion is proved, the court may give any relief to the respondent under the said Act, to which he or she would have been entitled if he or she had presented a petition seeking in respect of such relief on that ground.

Case Laws:
There are many distinct landmark case laws under which the Supreme Court of India expressed the issues relating to the amendment of proceedings of divorce and addressed the benchmark of counter-claim under section 23A of the Hindu Marriage Act, 1955 (HMA), mentioned in the case Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel (2021). Also, cases like Naveen Kohli v. Neelu Kohli (2006), where the Supreme Court decided that the respondent's situation (physically, psychologically also economically harassed or abused) had been so perishable that the marriage was broken and irreparable, there are many more cases etc.

Conclusion:
Through the above mentioned brief the concept regarding section 23A of HMA Act, 1955 has created a basic purview which indicates towards the advancement which can be provided during any proceedings of dissolution or other proceeding. It addressed the both side of the any case. Also creates an opportunity for both partiesto be heard by the court,(audi alteram partem) which facilitates and ensures the justice is served.

Reference:

• https://onlinelegalquery.com/blog-details/what-are-the-grounds-for-divorce-in-india-2024

Written By: Kishan Dutt Kalaskar