Supreme Court of India

Nitaben Dinesh Patel v. Dinesh Dahyabhai Patel

Neutral citation
Bench M. R. Shah and A. S. Bopanna JJ.
Decided 7 October 2021

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

What the Court ordered

In view of the above and for the reasons stated above, the present appeals succeed in part.

Judgment, page 22

From the 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 judicial separation or restitution 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 – No relief can be prayed qua a third…

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