mrgop (Owner) 29 July 2010

Is it possibel to put new allegations in counter tobe filed?

Wife filed for Divorce and husband for RCR in Family court. Wife had sent divorce notice by her advocate prior to filing the same in court, and husband replied to that notice by his advocate denying all allegation before filing RCR in court. Now its the time to file couter by both parties ie. Husband for Divorce petition and Wife for RCR.

Now the problem is that husband wants to put a new issue in his counter to her divorce petition. He was aware of that issue since first week after marriage but did not mention about it in both RCR and reply to her divorce notice which was after two months after marriage. They lived together only one month. He has minimum evidence to prove that issue. Also he has to mention in counter that he was aware of that issue since first week of marriage.

So, Can he put new allegation in the counter to be filed for wife's divorce petition as the same has not been mentioned in either RCR or reply notice sent to her advocate earlier?

Reply Follow

4 Replies

Arup (UNEMPLOYED) 29 July 2010

husband has the right to pray for rcr. he has the right to deny all alegations.

when he pray for rcr, then putting any allegations is contradictory to rcr. might be his rcr conditional.

reg new issue, he cannot raise new issue on his ws but put it in counter claim.

even he may pray a seperate case also, otherwise he may go to high court.

better let him him allow to put the matter.

if the prayer u/s 12 (1) (c) - it is time barred, otherwise tere is no bar or time limit.

mrgop (Owner) 29 July 2010

Originally posted by :Arup
"	husband has the right to pray for rcr. he has the right to deny all alegations. when he pray for rcr, then putting any allegations is contradictory to rcr. might be his rcr conditional. reg new issue, he cannot raise new issue on his ws but put it in counter claim. even he may pray a seperate case also, otherwise he may go to high court. better let him him allow to put the matter. if the prayer u/s 12 (1) (c) - it is time barred, otherwise tere is no bar or time limit.	"

The issue is that she had one medical problem, which is not completely curable, before marriage and they did not disclose it before marriage. He came to know about it when they counsulted a doctor on some other issue one week after marriage. As it is not a serious problem, husband did not mention about it in RCR and reply notice. Now, one year has been passed and husband don't want reconciliation. Thats why he wants to put that issue in counter.

Arup (UNEMPLOYED) 30 July 2010

matter complicated, let others opinion come.

(Guest)

what is the medical problem, if u cant discuss here u can pm me. normally 12 1 c is time barred and restricted to material facts and tat too limited by no further cohabitation after discovery of fraud. u can pm me, there can be some solution.

1 Like