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Section 35: Relief for respondent in divorce and other proceedings

Special Marriage Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1954
Section 34 All 51 Sections of Special Marriage Act Section 36

Legal Commentary & Landmark Judgments: Section 35

Section 35 empowers the respondent in any divorce or judicial separation proceeding under the Special Marriage Act to oppose the petition on grounds of petitioner's adultery, cruelty, or desertion, and to make a counter-claim for relief.

  • Statutory Right to Counter-Claim: 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 the Act on that ground.
  • Relief on Respondent's Plea: 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 a separate petition had been presented.
  • Avoidance of Multiplicity of Suits: Eliminates the necessity for the respondent to institute an independent cross-petition for divorce or judicial separation.
Key Landmark Precedents:
  • Ramesh Chand Ramprasad v. Rameshwari Ramesh Chand AIR 1987 MP 176: Held that a counter-claim under Section 35 has all the characteristics of an independent plaint, and the respondent is entitled to a decree of divorce even if the original petitioner withdraws the main petition.
  • G.V.N. Kameswara Rao v. G. Jabilli (2002) 2 SCC 296: Observed that matrimonial counter-claims must be decided on their own merits based on evidence adduced, ensuring complete justice between the parties in a single proceeding.
Courtroom Practice & Strategic Litigation Guidance:

When drafting a Written Statement on behalf of a respondent spouse, always evaluate whether grounds exist to incorporate a formal counter-claim under Section 35 seeking divorce or judicial separation with permanent alimony, ensuring the appropriate court fee is affixed.

Section 34 All 51 Sections of Special Marriage Act Section 36