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Report No. 59

2.45. Recommendation.-

We would, therefore, recommend that the section to be inserted in the Hindu Marriage Act should be on the following lines:-

"23A. In any proceeding for divorce or judicial separation or restitution of conjugal rights under this Act, the respondent may not only oppose the relief sought on the ground of the 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 of 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".

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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