Counter claim by husband
Kunal Sarkar
(Querist) 21 February 2013
This query is : Resolved
Can a husband file counter claim of Restitution of Conjugal Life against the petition of divorce filed by the wife on the ground of cruelty & desertion by her husband under sec. 13 of the Hindu Marriage Act, 1955.
ajay sethi
(Expert) 21 February 2013
your husband is at liberty to file petition for RCR .
R.K Nanda
(Expert) 21 February 2013
yes, he can file.
Raj Kumar Makkad
(Expert) 22 February 2013
There is no law to restrict him to file with the permission of the court.
prabhakar singh
(Expert) 22 February 2013
A defendant may file a written statement against the contentions raised by the plaintiff in the plaint.
He has the right to file a counter claim also in appropriate cases. It is a claim by the defendant against the plaintiff. It is like the plaint of the defendant against the plaintiff. The courts are to treat the counter claim as a plaint.
In a counter claim, the defendant has some sort of right to be established against the plaintiff and has some reliefs to be realized.
The law regarding counter claim is stated in Order 8 Rule 6A to 6G, 7 to 9of the Code of Civil Procedure.
As per Order 8 Rule 6A the defendant can raise a counter claim against the plaintiff either before or after the filing of the suit. He has to do this before he has delivered his defence.
Other Law Relating to Counter Claim
1. The counter claim shall not exceed the pecuniary limits of jurisdiction of the Court.
2. The counter-claim shall have the same effect as a cross-suit so as to enable the court to pronounce a final judgement in the same suit.
3. The plaintiff can file a written statement to the counter claim of the defendant.
4. The counter claim shall be governed by law relating to plaints.
5. The defendant shall state the ground for counter claim in his written statement.
6. The court may direct the counter claim to be decided by a separate suit upon the application by the plaintiff.
7. The stay or dismissal of a suit will effect the counter-claim also.
8. The law relating to written statement will govern the written statement to the counter-claim.
