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Mrs.S.Kumar (non)     24 September 2021

Counter filing a divorce petition

Hi all,


My husband has filed a case against me mentioning "Divorce on the grounds of cruelty".(this is happening in chennai according to the Hindu marriage act)  I approached a lawyer and asked for advice, She guided me to counter file for the same. I have appeared on the first day and was directed by the courts for mediation and also to complete 3 sittings before the next hearing on the following month. I went for the first mediation and explained my points. But my husband didn't have anything to pinpoint as "cruelty". For the second session of mediation, he didn't turn up. My question is my lawyer charged an amount for counter filing and later on for the mediation as an advocate fee. Now next month is my hearing and he said again I have to pay a fee.I already have paid around Rs.8000/-. Is this correct? Counter filing means which is going to happen is the next hearing right? not the first day I appeared? Looking forward to your guidance.

 3 Replies

Shashi Dhara   24 September 2021

If you also ready to give divorce then don't attend court ,the court will provide exparty divorce .choice is advocate is necessary ,afterwards take certified divorce copy urself.

Dr. J C Vashista (Advocate and Legal Consultant)     26 September 2021

What do you mean from the connotation, "Counter case in divorce case" ? Professional fees, as agreed with your lawyer, has to be paid if you want her services.

P. Venu (Advocate)     26 September 2021

Has the counter been filed? It is a fact engaging an advocate in Family Court involves considerable expenditure. You have option to dispense with the advocate and appear in-person.

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