Hindu Marriage Act, 1955 | Section 23A

Section 23A Hindu Marriage Act: Relief for Respondent in Divorce and Other Proceedings

Section 23A enables a respondent in specified matrimonial proceedings to defend the case and seek affirmative relief through a counterclaim based on the petitioner's adultery, cruelty or desertion.

Text of Section 23A: Relief for Respondent in Divorce and Other Proceedings

In 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.

Legislative history: Inserted by Section 17 of the Marriage Laws (Amendment) Act, 1976 (Act 68 of 1976), effective 27 May 1976. Source: Hindu Marriage Act, 1955, official India Code text.

Meaning and Scope of Section 23A

A respondent is the spouse against whom the original matrimonial petition is filed. A counterclaim is a request by that respondent for a court order in their own favour, rather than merely asking the court to dismiss the petition.

The section expressly applies to proceedings for divorce (dissolution of marriage), judicial separation (a decree relieving spouses of the obligation to cohabit without dissolving the marriage) and restitution of conjugal rights (a decree concerning withdrawal from the other spouse's society without reasonable excuse). It does not automatically extend to every type of matrimonial petition.

Grounds Available to the Respondent

Adultery: Voluntary sexual intercourse by the petitioner with a person other than their spouse after solemnisation of the marriage; see Section 13(1)(i).
Cruelty: Conduct amounting to matrimonial cruelty, which may be physical or mental depending on the facts; see Section 13(1)(ia).
Desertion: Desertion as legally understood under Section 13(1)(ib), including the statutory requirement of a continuous period of at least two years immediately preceding a divorce petition on that ground.

Section 23A is limited to these specified grounds for its counterclaim mechanism. The respondent must establish the relevant facts; allegations alone do not entitle either spouse to a decree.

How a Counterclaim Works

The petitioner files a divorce, judicial separation or restitution petition.
The respondent contests the petition and, where appropriate, makes a properly pleaded counterclaim alleging the petitioner's adultery, cruelty or desertion.
Both parties have an opportunity to address the pleadings and evidence in accordance with applicable procedural rules and court directions.
If the statutory ground and requirements for the requested relief are established, the court may grant the respondent relief that would have been available through their own petition.

The word "may" is significant: relief is not automatic. The court must consider the relevant substantive requirements, including Section 23, and applicable procedural law. Section 21 generally makes the Code of Civil Procedure, 1908 applicable to proceedings under the Act, subject to the Act and applicable rules.

Illustrative example

If one spouse petitions for divorce and the respondent proves cruelty by the petitioner, the respondent may seek appropriate matrimonial relief through a Section 23A counterclaim. The court assesses that claim on its own merits.

Section 9: Restitution of conjugal rights.
Section 10: Judicial separation.
Section 13: Statutory grounds for divorce.
Section 21: Application of the Code of Civil Procedure, 1908.
Section 22: In-camera proceedings and restrictions on publication.
Section 23: Conditions governing decrees and reconciliation.
Section 24: Maintenance pending proceedings and litigation expenses.
Section 25: Permanent alimony and maintenance.
Section 26: Custody, maintenance and education of minor children.

Maintenance and child-related orders have their own statutory requirements; Section 23A does not independently guarantee those orders.

Frequently Asked Questions

Can a respondent seek divorce under Section 23A?

Yes, if the counterclaim rests on a ground specified in Section 23A and the respondent establishes entitlement to divorce under the Act.

Can both husbands and wives file a counterclaim?

Yes. Section 23A uses gender-neutral language and is available to either spouse who is a respondent in a qualifying proceeding.

Is a counterclaim the same as opposing a petition?

No. Opposition seeks to defeat the petitioner's request; a counterclaim also seeks an affirmative decree for the respondent.

Does Section 23A apply to mutual-consent divorce?

Section 23A addresses counterclaims based on adultery, cruelty or desertion in the specified proceedings. Mutual-consent divorce under Section 13B has separate statutory requirements.

Official Legal Source

Read the Hindu Marriage Act, 1955 on India Code (Government of India) for the authoritative statutory text and amendment notes.

Last reviewed: 21 October 2026. This article is general legal information, not advice for a particular dispute. Verify applicable amendments, court rules and case law before taking action.