Relief for respondent in divorce and other proceedings
Section 23A of the Hindu Marriage Act, 1955 deals with 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 petitioners adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; The Act came into force on 18 May 1955.
1[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 petitioners adultery, cruelty or desertion, but also make a counter-claim for any relief under this Act on that ground; and if the petitioners 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.]
Section 23A, The Hindu Marriage Act, 1955 (Act 25 of 1955).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Sanjeeta Das vs Tapan Kumar Moahnty
Court's Decision & Legal Precedent
A Hindu marriage can be dissolved only on the grounds enumerated in Section 13 of the Hindu Marriage Act, 1955. No court has jurisdiction to dissolve a Hindu marriage on the basis of the consent of the parties de hors the grounds enumerated in Section 13 of the Act, unless the consenting parties proceed under Section 13B of the Act. The law does not permit the purchase of a decree of divorce for consideration, with or without the consent of the other side.
On this section: Court has power to direct restitution of conjugal rights before granting dissolution. Family Court invoked this provision to order resumed cohabitation rather than grant divorce.
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Judgments citing this section
These may be obiter dicta or a precedent, for you to study. These are the judgments where this section is quoted.
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… well as learned counsel for the respondent submitted in unison that M.C.No.288/2003 was filed by the husband seeking restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for the sake of brevity). In that petition, wife had sought a counter-claim under Section 23A of the Act seeking dissolution of marriage by a decree of divorce. By judgment dated 03/11/2005, the II Additional Principal Judge at Bengaluru, has dismissed the petition under Section 9 of the Act while allowing the petition under Section 23A of the Act and has dissolved the marriage solemnized between the …
Questions about Section 23A
What have the courts held on Section 23A of the Hindu Marriage Act?
Sanjeeta Das vs Tapan Kumar Moahnty (22 Sep 2010) is the leading judgment on this section among those set out below: Court has power to direct restitution of conjugal rights before granting dissolution. Family Court invoked this provision to order resumed cohabitation rather than grant divorce.
How do I find court cases under Section 23A of the Hindu Marriage Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Hindu Marriage Act 23A, section 23A Hindu Marriage Act, section 23A of the Hindu Marriage Act. People searching for it also type 23a hma act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is set out on this page, beginning with Sanjeeta Das vs Tapan Kumar Moahnty (22 Sep 2010).
When did Section 23A of the Hindu Marriage Act come into force?
Section 23A of the Hindu Marriage Act, cited as Hindu Marriage Act 23A, came into force on 18 May 1955, having been enacted on 18 May 1955. It is in force as at the date shown on this page.
Other sections of this Act
- 13. Divorce913 words
- 3. Definitions499 words
- 23. Decree in proceedings465 words
- 12. Voidable marriages361 words
- 2. Application of Act302 words
- 14. No petition for divorce to be presented within one year of marriage290 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 15 Oct 2026. This page is not a substitute for legal advice.