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Counterclaim to get divorce on my grounds how ?

(Querist) 11 December 2013 This query is : Resolved 
How to file Counter claim after Issues have been framed

ISSUES have been Framed on my LAST date 25-10-2013 AND ORDER REJECTING MY WITNESS SUMMONS APPLICATION and….
Next Date is 06-01-2014 kept for Leading evidence and List of documents( IN PROCEEDINGS against the Petitioner's petition seeking Divorce from me and Maintenance for her and child under 24 HMA)
I am interested in the Divorce more than her... But On My Grounds...

INTERIM MAINTENANCE STAGE ..BYPASSED AS FOLLOWS...( NOT IN MY FAVOUR AS FOLLOWS )
1. 1st Perjury COMITTED by Petitioner
Petitioner has come to the court with Unclean hands by denying her Employment and Saving Bank account No.1 On AFFIDAVIT...I got her bank Documents in the Court through Witness Summons. But on the Same date when Witness summons were issued, she Got ADHOC Interim maintenance passed in her favour since the matter for interim maintenance got delayed for more than 2yrs....(06-08-2012)

2. ( LAST TO LAST DATE 14-10-13)...2nd Perjury by Petitioner
Petitioner wife left the old job and she AGAIN denied On Affidavit that she is not in service against my appln for production of Documents with regards her new employment and against direction by court to file her affidavit of Not in service...2nd Perjury
3. Along with this Affidavit, on the same day, she filed an application Stating HER INTERIM MAINTENANCE and other pending applications b heard simultaneously and expeditiously along with the petition to meet the ends of justice.
HON,BLE COURT filed this application as not pressing for her interim maintenance at this stage... AS READ AND RECORDED . HE DID not take my SAY ON THIS APPLICATION.

4. HE REJECTED MY WITNESS SUMMONS APPLICATION FILED ON THE SAME DAY ...TO HER NEW BANK WHEREIN HER SALARY WAS BEING DEPOSITED WITH RESPECT ...TO HER NEW EMPLOYMENT WHICH THE PETITIONER HAD DENIED ON AFFIDAVIT THE SAME DAY.
Hon,ble Court took her SAY on my Witness Summons Application ....wherein she stated its a frivolous application and that MATTER b kept for Issues cause i will get the opportunity at the trial stage.

My question.
1.) IS IT NOT AGAINST PRINCIPLES OF NATURAL JUSTICE THAT ...MY SAY ...OPPOSING HER APPLICATION should have been taken by the Hon,ble Court in the first place before passing an order on the same to avoid Matter from being kept FOR FRAMING OF ISSUES without my say on the same specially when a Perjury application is pending with respect to her first denial of not in service ..(refer Para 1 )
2.) How can i file my Counter claim in the same suit to get divorce on my grounds NOW THAT ISSUES HAVE BEEN FRAMED... (PLS quote Order and Rules if possible.)
pls pls pls .... tell me that there is a waY out...like ammendment …additional issues ...or anything and how ???
3.) Should i file a WRIT petition against the order which was passed rejecting my Witness summons application and without giving me a chance to give my SAY on her application to hear all her applications simultaneously..
4. AN INTERIM MAINTENANCE ORDER TAKING INTO ACCOUNT HER PERJURY ETC ...WOULD HAVE HELPED ME GETTING HEALTHY ACCESS OF MY DAUGHTER WHO IS NOW BRAINWASHED AND WHOSE CHILDHOOD PHOTOS WHICH ARE PRICELESS MEMORIES I DO NOT WANT TO FILE IN COURT.
THAnks in advance.
Pls guide.
Devajyoti Barman (Expert) 12 December 2013
If you are aggrieved by the order of the trial court then challenge it to the higher court.
There is no point in making compliant but doing nothing.
Act proactively.
Rajendra K Goyal (Expert) 12 December 2013
Agree with the advise of expert Devajyoti Barman ji.
disilva (Querist) 12 December 2013
I had to give my Law exams in between and hence i could not file an appeal ...what is the remedy for me now in the facts and circumstances of my case.
The Order is dated 25th October- 2013 and my next date in the Family Court is on 6th January ???
First and foremost i want to know whether there lies a Cause of Action for filing a Writ Petition in the HC in my Case ...

Also my worry is to get Divorce on my Grounds in the Same Suit ... is that possible cause i have not filed a Counterclaim And Issues hv been framed on the Last Date.... kept for List of Documents and evidence of the of the Petitioner on the Next Date.
Devajyoti Barman (Expert) 12 December 2013
Writ petition would be of no help.
disilva (Querist) 13 December 2013
CAN I STILL GO IN APPEAL ???

SHOULD I GO IN APPEAL EVEN THOUGH THE ORDER HAS BEEN PASSED ON 25TH OCTOBER- 2013...

WILL THE DELAY OF MORE THAN 50 DAYS BE CONDONED AND WILL MY APPEAL B ADMITTED AND A STAY B GIVEN.
disilva (Querist) 13 December 2013
PLS LET ME KNOW AS TO WHAT I CAN DO IN THE FACTS AND CIRCUMSTANCES OF MY CURRENT CASE.
PLS PROVIDE ME REMEDY...SIR
disilva (Querist) 13 December 2013
I AM A ,MAN OF LIMITED MEANS AND JOBLESS SINCE LAST ONE YEAR...
ajay sethi (Expert) 13 December 2013
you say that you are unemployed for last one year . you cannot afford legal fees . you also want divorce . your problem is with order of interim maintenance as wife has suppressed her employment status and you want access to your child . you can challenge order of interim maintenance by filing writ in hC .
disilva (Querist) 13 December 2013
Grateful to u Shri Ajay ji and Barman ji for helping me with ur valuable guidance... just that i hv become nervous

Ajay ji ... Pls understand that in my case the Other Side has ensured that there is No Interim Maintenance Order passed ...cause that would contain mention of her acts of Perjury...with respect to denying her own s/b Account..her employment...her denial of her demat account...plus her denial on affidavit of her 2nd Employment against which i filed Witness summons on the same day when she filed affidavit of not in service.
Now had the Witness summons been issued ...i could have proved her to b A HABITUAL LIAR ON OATH.
BUT the Hon,ble court rejected my witness summons application since the petitioner filed an application to take my matter framing of issues and that witness can b called in trial stage.

Sir... with utmost respect... i hv been waiting to get divorce from the Petitioner since last 10 yrs cause she left the home without any probable and reasonable cause. as such there was no problem ...
If her petition for Divorce is Accepted or Rejected in either case she is not the sufferrer. But if i Don't get Divorce and the marriage subsists...i again face the same problem of false cases against me and my family....

If i don't get a chance to put my case properly for adjudication all my sacrifice for the last 10yrs goes down the drain ...

I humbly PRAY THAT YOU ALL PLS GUIDE ME IN MY MATTER ... i some how have to file Counter Claim to get divorce on My Grounds...
I HAVE TO FILE 3 MORE PERJURY APPLICATIONS EVEN THOUGH ONE IS ALREADY PENDING.

PLEASE NOTE THAT AN ADHOC INTERIM MAINTENANCE ORDER WAS PASSED NOT INTERIM MAINTENANCE ORDER ...AND NOW HOW CAN THE PERJUROR DICTATE TO THE COURT TO HEAR ALL THE APPLICATIONS SIMULTaneously and expeditiously at the trial stage . ISSUES HV BEEN FRAMED REJECTING MY WITNESS SUMMONS APPLICATION ON THE PETITIONEWR'S GROUNDS TO GET DIVORCE....

SHE HAS NO PROBLEM WHETHER SHE SUCCEEDS OR FAILS... CAUSE SHE IS NOT A WOMAN OF SUBSTANCE ... SHE DERIVES SADISTIC PLEASURE AT ALL THE HARRASSMENT THAT I HAVE TO UNDERGO EWVEN THOUGH I HAVE ALL THE EVIDENCE...
PLEASE GUIDE SIR AND I WILL B ALWAYS B GRATEFULL TO U ALL.
disilva (Querist) 13 December 2013
ADHOC INTERIM MAINTENANCE ORDER WAS PASSED IN AUGUST 2012...
NOW AGAINST HER APPLICATION TO HEAR OUT ALL THE MATTERS AT TRIAL STAGE ... HER APPLICATION FOR INTERIM MAINTENANCE
I HV BEEN VOLUNTARILY PAYING MY DAUGHTERS MAINTENANCE EVEN BEFORE SINCE THE BEGINING OF MY CASE... OR ANY ORDER PASSED IN THAT REGARDS.
My difficulty is that her Malafide conduct of she being a habitual Liar on oath still doesn't come on record.
This would give her more time due to the delay in matter coming to finality ...which gives her enough time to file several False cases on me in the period of trial to make or allege a false 498A or a rape or sexual harrasment like she has filed in the month of january this year to make her case Strong and to intimidate me.
Devajyoti Barman (Expert) 13 December 2013
You can not avoid maintenance though you can try your luck in higher court for modifying the order of maintenance.
If you explain the delay it may be condoned


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