kelkuu (asdf) 19 April 2013
I got 3 cases on me. Divorce, DV and 498.
In the counter for Divorce my lawyer said that as the wife is asking for a divroce, as a lawful husband I will give divorce.we already submitted this counter.
But lot of people are saying this is not right. Now I need to add something like: I want to give Divorce based on the condition that if she withdraws all other cases against me (i.e. DV and 498)
Can we add this into the counter which is already submitted to the court
Please advise!!
Adv Archana Deshmukh (Practicing Advocate) 19 April 2013
No..You cannot put such conditions in your written statement in a contested divorce case. Such things are permissible as a part of compromise between the husband and wife, where both the parties have come to some understanding and one party agrees to withdraw the cases voluntarily as per the terms of compromise agreed upon.
Adv k . mahesh (advocate) 19 April 2013
yes you cannot demand on the counter and
voluntarily asking to withdraw the cases means first convince your lawyer to ask other side to withdraw the cases and then give divorce because i had seen lot of cases were after giiving divorce the wife will not withdraw the cases and the suffer will be men a lot
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