A. M. BHATTACHARJEE, J.

( 1 ) A husband's petition for restitution of conjugal rights was not only opposed by the wife but was countered with a claim for dissolution of the marriage on the ground of cruelty committed by the husband. Section 23a of the Hindu Marriage Act, as inserted by the Amendment Act of 1976, has now expressly permitted such counter claim providing that -"in any proceeding - for restitution of conjugal rights, the respondent may not only oppose the relief sought on the ground of petitioner's adultery, cruelty or desertion, but also make a counterclaim for only relief under this Act on that ground; and 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 he or she had presented a petition seeking such relief on that ground".

( 2 ) THIS Section, to our mind, has again demonstrated carelessness and also "slovenliness in drafting" which, as pointed out by Bhagwati, J. in Minerva Mills (A. I. R. 1980 S. C. 1799 at 1823) "is becoming rather common these days". The spouse proceeded against for the restitution of conjugal rights is obviously entitled

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