Supreme Court · 2021 INSC 629 · Decided 7 October 2021

Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel

Court
Supreme Court of India
Citation
2021 INSC 629 · [2021] 8 S.C.R. 618
Case number
CIVIL APPEAL No. 5901/2021
Decided
7 October 2021
Bench
M.R. SHAH, A.S. BOPANNA (2-judge bench)
Outcome
Case Partly allowed
Case type
Civil
Acts & sections cited
CPC; Hindu Marriage Act Section 23A

Headnote

Hindu Marriage Act, 1955 - s.23A - Proceedings for divorce or judicial separation or restitution of conjugal rights - Counter- claim for relief - Scope - Held: By way of counter claim, the respondent in any proceedings for divorce or of conjugal rights can pray for relief by way of counter claim only those reliefs which can be prayed and/or granted under the Hindu Marriage Act - The respondent to such proceedings can pray for reliefs only by way of counter claim and that too between the petitioner and the respondent

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