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FightForCause (Businessman)     25 August 2015

Written say - divorce, what all should be included

Hi Experts, While filing WS in Divorce case do I only deny my wifes false allegations or it is OK to put my counter claims also in the WS.

I read amny Family court Judgements, WS is heavily relied on and in some cases Judges mentioned as the Respondent had no such pleading in the WS , he is not allowed to plead the same on later stages.

Approach suggested by my lawyer is as follows:

Deny her allegations para wise and later add your counter claims with our story.

I spoke to another Family court senior lawyer, his views were that only deny the allegations first and later file an application to ammend the WS and get your counter there.

 

Can experts and other litigant friends throw some light about pros and cons of above suggestions.

 



 4 Replies

prabhakar advocate (advocate)     25 August 2015

At the end of the day, it depends that what you want out of this case. She wants divorce and what do you want- is important to prepare written statement. If you have counter claim, then you have to add additional facts. If you also want divorce not on the grounds what she alleges, which are according to you absolutely false, then you have to add your grounds. To sum up the above propositions: 1. Start it with preliminary objections. 2. Reply para-wise to the contents of her petition: Here, you must specifically deny her allegations. 3. Additional submissions: Whatever you want so that court can come to just decisions. 4. Your prayer.

Prabhakar - Advocate

(M)9958670740.

Legal Aid panelist - Family Law - Central Delhi (Tis Hazari)

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FightForCause (Businessman)     25 August 2015

Thanks Mr. Prabhakar,

At the end i too want to get divorced from her.

I have exactly done the same what you have guided. I had asked a question what should be my prayer in another thread but it was cut short by one expert. Hope you can clarify it here.

Her Prayer is dissolution of marriage, now when i file my counter with above points as u guided , with my facts, do i just need to say that prayer of petitioner be rejected ?? As rejecting it will means i dont get divorce if her claims are proved false...though my WS will have my side of cruetly story she did to me and I need divorce on that basis.

 

prabhakar advocate (advocate)     25 August 2015

PRAYER It is therefore, prayed, that this hon'ble court may be pleased to pass a decree of divorce under Section------- of HMA dissolving the marriage on the grounds submitted by the respondent husband and not on the grounds alleged by the petitiner wife. Any other / further order(s), which may deem fit under the circumstances may also please be passed in favour of respondent husband and against the petitioner wife and for this act of kindness, the respondent husband as duty bound shall ever pray. ---------------------------------------------- You should also fix the court fee, as it is your counter claim. Once the judge will be appraised by both the parties that they want divorce but on different grounds, the judge will prevail on both of you to go for MCD.
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A.Radha Sampath (Advocate)     25 August 2015

You can deny her allegations parawise if they are not true. If your wife has also filed for divorce you need to allege at the end your own reasons for which the court has to balance the facts and evidence put forward by the two parties.

Since your prayer is also for divorce, you present the reaasons why you also want divorce and pray the court accordingly.

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