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23a HMA counter claim application in high court in first appeal


29-Nov-2024 (In Divorce Law)
Husband has filed null and void case in family court, rajkot n final order came in favour of wife. So husband challenged this order in first appeal in High court. Now can wife file section 23a of HMA in this first appeal n asked for compensation of 80 lacks from husband? 23a HMA application wife has not filed in family court then also she can filed directly in high court without filed in lower family court??
Answers (1)

Answer #1
913 votes
yes she can file petition u/s 23a of hindu marriage act 1955 because when you had filled petition in the family court that time you have mentioned allegations of crulaty, harrasment and other now which orde passed against husband they challenged before high court therefore trail continue in the high court so you can file this petition in the high court the court will consider your prayers this is your right so when you served summons of notice you can file that it's mandatory provision and many judgment of supreme court or high court are available
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