Guest03 (Others) 04 April 2023

Counter cases on divorce case

Dear Experts,

I want to have your expert views on below situation.

In Feb 2015 I was married. In Nov 21, I filed divorce case under section 13(1). After having 4-5 dates (in 8 months) no one from wife side appeared on any hearing. when judge mentioned to do exparte on next date, some lawyer from their side came and metioned that they have filed application in supreme court for case transfer in wife district.

Although parallely in June 2022, at her place she filed DV and maintenance case in seperate session court in her district. So this was done after 6 months of my divorce case.

My query is, as this is visible it was a counter case (both of these are filled after 7 years of marriage), isn't it applicable to get them quashed. I have read few forums related about quashing when its clear then mind set of person is a counter cases.

What is the best advice I can follow... I have taking advice of my lawyer too and want to be on broad way to discuss with him as further steps which I can get from this forum.

Thanks in advace.

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3 Replies

Dr J C Vashista (Advocate) 05 April 2023

She is entitled to claim maintenance besides seeking appropriate relief(s) under the provisions of Protection of Women from Domestic Violence Act, 2005 as in the instant case, which you may find it as counter-blast to your divorce case. The only option for you is to contest / defend the case(s) slapped on you through your lawyer.

T. Kalaiselvan, Advocate (Advocate) 05 April 2023

Filing a DV case subsequent to your divorce case cannot be considered as counter case.

That is a different subject to that of this.

Your quash petition should be based on the grievances over the false allegations made in the DV case.

So you may think it over properly, without getting misled by incorrect guidance.

Shakti Maan (lawyer at Supreme Court delhi 9650334626) 06 April 2023

1. Did you received any notice from opposite party that they filed a petition for transfer? If you received then definitely go there and oppose the transfer petition.

2. If you didn't receive any notice then on next date plead before judge that they are making false submissions.

3. Before going supreme court they have to file transfer petition in the high court and if high court dismissed the petition then they can only approch supreme court.

4. You have to go to her district on each and every date to defend your case otherwise she will take ex parte order against you. Otherwise file transfer petition for those case.

5. If you are going for quashing then you have a solid grounds to prove opposite party wrong....

I hope i cleared your confusion....