Section 35 of SMA : Section 35: Relief For Respondent In Divorce And Other Proceedings

Explanation using Example

Imagine a scenario where Priya has filed for divorce from Rohan on the grounds of desertion. During the court proceedings, Rohan not only defends himself against the accusation of desertion but also counter-claims that Priya has been cruel to him throughout the marriage. Rohan provides evidence of Priya's cruelty, and the court finds his claims to be valid. Under Section 35 of The Special Marriage Act, 1954, the court is then able to grant Rohan the divorce on the grounds of Priya's cruelty, even though he was originally the respondent in the divorce proceedings initiated by Priya.