Will counter allegation work in my divorce case?
mrgop
(Querist) 17 April 2012
This query is : Resolved
Last three years, I am contesting the annulment petition filed by wife on ground of my impotency. I've already filed RCR, and counter/reply to her annulment petition. In both rcr and counter I have denied all allegations and not raised any allegations against her. Recently, in evidence stage, I've filed application for my potency test by medical board. Since then three dates passed and they were not present in court.
So, I think she is trying to get her petition dismissed and put me in trouble by dragging the rcr, and even if i win rcr, it would be difficult for me to get divorce on non compliance of rcr decree only.
In this scenario, if amend my counter to her annulment petition by adding a request for divorce on ground of separation, can I avoid her petition get dismissed due to her continuous absence?
I mean, she filed for annulment on ground of impotency and by amending my filed reply I ask for divorce on ground of separation. Now, can judge the dismiss her petition if she & her advocate is absent continuously? Can she withdraw her petition without my consent? If she can, will my request for divorce on ground of separation also get dismissed with main suit?
Devajyoti Barman
(Expert) 17 April 2012
1. Since you have already applied for RCR you can not claim divorce. 'One can not blow hot and cold'. You have to choose either of the two.
2. If both your wife and her advocates continues to be absent then her suit should be dismissed for default.
ajay sethi
(Expert) 17 April 2012
it appears your wife dosent want to stay with you . once you are able to get potency report her case for annullment of marriage on account of impotency would fall flat .
then you cna sue her for diovrce on grounds of mentakl cruelty as makeing false allegations of impotency amounts to mental cruelty .
withdraw ur RCR
Shonee Kapoor
(Expert) 17 April 2012
If you want to put a counter-claim for divorce, then you should withdraw the RCR.
RCR anyways is a useless remedy.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 18 April 2012
I do agree with the advice of the experts.
Adv.R.P.Chugh
(Expert) 18 April 2012
Dear Querist,
RCR and Divorce are not mutually sustainable - can't go together.
1. Withdraw RCR.
2. File a counter-claim in the annulment petition of divorce, even if her petition gets dismissed - counter-claim stands on its own and goes on.
3. Remember Impotency alleged can be quaod hanc or quoud hunc - w.r.t specific woman (wife) or in general - the efficacy of medical tests would depend on this.
Good Luck !
DEFENSE ADVOCATE.-firmaction@g
(Expert) 18 April 2012
Any skillful husband can punish the wife immensely by use of RCR properly.
The charge of impotency is sufficient ground for cruelty.
mrgop
(Querist) 19 April 2012
If I file counter-claim for divorce on ground of desertion, will it be my duty to prove that she deserted me without any reason? I mean, in rcr its respondent's duty to prove the reasonable cause for desertion. Does the same principle applies if I file for divorce on ground of desertion?
