somesh (proprieter) 22 September 2013

Filing counter claim in divorce case

I am the defendent in divorce case filed by my wife.Written statement has been filed and issues have been framed. In written statement I have denied all allegations of cruelty by wife and said I want her back. However, I want divorce now and want to file a counter claim. It has been 6 years since I submitted written statement.

1. My lawyer says counter claim can't be filed in a divorce case. It can only be filed in other civil cases. Is this true??

2. Can it be barred due to time limitation in filing counter case since it is more than 6 years after written statement has been filed?

3. Can I include cause of action after written statement has been filed?

Looking for views from esteemed experts in the forum. Thanks in anticipation.

Regards

Somesh

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3 Replies

adv.raghavan (Advocate,9444674980) 22 September 2013

earlier u are not interested in divorce, now u are. in that case do not contest the case, she and you will get it( divorce)automatically. There is no point in filing counter claim now and carry on this case

(Guest)

amazing after 6 years you come to know that you don't want to contest the divorce.:))

Solution: Don't contest and simply sit idle enjoy your life and let her make you as exparte.

Do any maintenance cases or any crimnial cases filed by her?

Samir N (General Queries) (Business) 22 September 2013

Respectfully, disagree with all of the views given above. Why?

A divorce is a divorce but... if it is granted, for example, because your wife alleged that you were cruel to her then it is not the same as the divorce granted if the basis is that she was cruel to you. The same with desertion. All this will come into play when maintenance is demanded by your wife. Therefore, it makes sense to file a divorce or a counter-claim that you want divorce based upon cruelty or desertion or whatever. Divorce and Family Court proceedings are governed by CPC. The only issue is timing. Typically, counter-claim is to be filed with the WS. However, you can resort to change in factual circumstances, etc. and file it now. You can also file a fresh petition and seek to merge the two. Change your advocate. Not that you will get a better one. They are all morons. I am not an advocate...