Respected Rajsekharan Sir ,
appreciate your reply , recently she/Respondent obtained ex-parte decree in RCR and then 15 days back filed counter in divorce OP . Moreover in RCR she stated that she recieved summons for the divorce OP .
therefore my contention here is : She has to file teh written statement and specify her contetion for the counter claim i.e RCR , but here , without filing WS , simply obtained the exparte decree in RCR , then filing the counter/WS in teh divorce OP , this is totally contrary to Order 8 CPC , placing here under .
Counter claim [Order VIII, Rules 6-A to 6-G]
“Counterclaim” may be defined as “a claim made by the defendant in a against the plaintiff”. It is a claim independent of, and separable from, suit plaintiff’s claim which can be enforced by a cross-action. It is a cause of action in favour of the defendant against the plaintiff.
In addition to pleading a set-off in a suit, the defendant may also set-up a counter-claim. The term “counter-claim” means a claim raised by the defendant against the claim of plaintiff in a suit. It is essentially and substantially a cross-action of the defendant. It may be described as a cause of action accruing to defendant against the plaintiff. However, such cause of action must accrue before filing of written statement by the defendant. As such, the defendant may set-up a counter-claim only in respect of a claim for which the defendant can file an independent suit. However, the defendant must specifically state in his written statement that he is setting-up a counter-claim.
as per my understannding , the entire proceedings of RCR is illegal.
