Counter Claim

R. K. Shukla (Querist) 20 May 2009 This query is : Resolved
Husband filed a case for Resttution of Conjugal Rights. Wife appeared and filed a counter claim for divorce on the ground of cruelity.
Now husband wants to withdraw his suit for RCR.
What will be affect on counter claim filed by wife?
Pls advice.

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SANJAY DIXIT (Expert) 20 May 2009
Sir,
Counter claim will be treated as an individual suit in these circumstances. Nothing matters that husband wants to withdraw or withdrawn the main suit for RCR.
After withdrawl of the suit for RCR, the counter claim U/s 23A HMact by wife will be proceeded as a seperate suit.

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