Can vexacity/frivolity be made as counterclaim explicitly?

set-off under Section 23A of the Hindu Marriage Act is clearly envisaged, as follows

If you can 'demonstrate' before a competent Court;

1. that the proceedings are vexatious in the sense of having been taken in the absence of objectively reasonable ground; and

2. that proceedings have been brought habitually or persistently, such that the litigant has continued obstinately in the course of conduct, despite protests or criticism.

Also if you can describe the ‘characteristics’ of reference vexatious proceedings while posing humble relief under counter claim (viz; S. 23 A HMA) ;

1. bringing one or more actions to decide an issue which has already been determined by a court of competent jurisdiction;

2. where it is obvious that an action cannot succeed, or if the action would lead to no possible good, or if no reasonable person can reasonably expect to obtain relief;

3. actions brought for an improper purpose, including the harassment or oppression of other parties by multifarious proceedings brought for purposes other than the assertion of legitimate rights;

4. grounds and issues raised tend to be rolled forward into subsequent actions and repeated and supplemented, often with actions brought against the lawyers who have acted for or against the litigant in earlier proceedings;

5. failure of the person instituting the proceedings to pay the costs of unsuccessful proceedings;

6. persistently taking unsuccessful appeals from judicial decisions; and

7. in determining whether proceedings are vexatious, the court must look at the whole history of the matter and not just whether there was originally a good cause of action."

Then I can comfortable answer your query in affirmative. However way back in 1996 Hon'ble SC has settled the position ‘counter claim in family law related matters as a whole’ in ref. Jag Mohan Chawla and Anr. v. Dera Radha Swami Satsang and Ors. and same is followed in spirit even by Mumbai HC till date in reference to context of your main question – counter claim however posed with a twist, that is you have to cross over two bars; vexacity and frivolity of your husband's numbered main petition even if in future he withdraws his numbered main case of the record your counter claim needs adjudication by an Family Court in Mumbai.

ATB