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Hindu Marriage Act, Withdrawal Of Divorce Petition By Wife Does Not Abate Counterclaim Filed By Husband: Allahabad High Court

23 May 2024 2 min read
Hindu Marriage Act, Withdrawal Of Divorce Petition By Wife Does Not Abate Counterclaim Filed By Husband: Allahabad High Court

In a significant ruling, the Allahabad High Court has clarified the legal standing of counter-claims in matrimonial disputes under the Hindu Marriage Act, 1955. The court's decision came in the case involving Ishita Dua (the appellant) and Tarun Kumar Sharma (the respondent), addressing the procedural intricacies when a principal suit is withdrawn but a counter-claim remains. Case Background: - Ishita Dua filed a divorce petition under Section 13(1)(ia) of the…

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