1) court would condone delay in filing WS / claim for alimony in interest of justice 

2) wife is entitled to interim maintenance pending hearing and final disposal of divorce petition 

3) is your wife working? Has she worked in past 

4) if there is substantial differences in your income court would award her maintenance 

5) wife is entitled to alimony in event of divorce 

6) contested divorce cases take 5 years to be disposed of 

Dear Sir/Madam,My answers are as follows: 

1.     Can WS and Counter-Claim be filed after 2 years of filing Divorce Case - Section 13(I)(ia).

Ans: It all depends upon the Court and if you are aggrieved then you may prefer revision against such order since 90 days is the maximum period to file written statement. 

2.     When is a Counter-Claim filed ; If alimony is decided after end of Divorce case , why is counter claim entertained now. What are the ways to fight a counter claim.

Ans: Both issues will be framed and Court will give its finding on merits. Since both issues are interrelated as such common evidence is to be led by both the parties.

 3.     The Opposition Advocate wants to drag the Divorce case while expediting the Maintenance case. What can be done to prevent this and go for timely resolution of both the cases.

Ans: You may rely upon the following circular or approach High Court and get time bond disposal direction to the Family Court.

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Karnataka Case Flow Management Rules

SIMILAR RULES ARE FRAMED BY ALL THE HIGH COURTS
the Karnataka High Court has launched the Case Flow Management system.

The Karnataka (Case Flow Management in Subordinate Courts) Rules 2005, as it is called, was gazetted by the State Government almost two years ago. Subsequently, the High Court framed the rules applicable to all suits and civil proceedings before the subordinate civil courts and tribunals.


It divides cases into four tracks. 

Disposal in 9 months:

In Track 1 the High court has included suits on maintenance, child custody, appointment of guardians and wards, visiting rights, letters of administration, succession certificate, recovery of rent and permanent injunction. All cases under this category will have to be disposed of within nine months.

Disposal in 12 months:

In Track 2, cases on execution, divorce and ejectment will have to be disposed of within 12 months.


Disposal in 24 months:
Cases to be disposed in 24 months relate to partition, declaration, specific performance, possession, mandatory injunction, appeals, damages, easements, trade marks, copy rights, patents and intellectual property rights. 

Disposal in 24 months:

Cases that are not in any of the three categories are included in the fourth category and they too have to be disposed of in 24 months. The presiding officer, however, has the right to dispose of the case earlier. 

The rules prescribe a mandatory time limit for various court procedures such as issue of summons/notices. Proceedings shall indicate a maximum of 30 days for filing statement or objection from the date of service.

The procedures for IAs and interim orders and reference to mediation, conciliation or Lok Adalat, appointment of commissioners for recording of evidence, proceedings for perjury, adjournment and even first appeals have also been spelt out.

Yes,She can claim maintenance. The law in India states that it is the duty of the husband to take care of the wife and maintain her. 

1. If the court has not closed the right to file WS then in that condition it can filed or with permission of court it can be filed.

2. See interim maintenance can be decided now and the court has power to waive delay and take claim on record.

3. If the other Advocate is dragging case or taking dates you can pray before court to close there right at that stage.

Dear Client,

Limitation to file WS if passed but with court permission , it can be taken on record. Counter claim can be file anytime before evidence is concluded or before WS if flied. File written statement to CC.

Press court for early hearing.

Yes.

Onus on her to prove her allegations than opportunity to you to refute her claim.

See firstly the onus is on them to prove the allegation you can defend the allegation based on these evidences along with other supporting and corroborating evidences.

Further in case DV is rejected and not proved no maintenance shall be payable.

1)court would award wife some maintenance 

2) photos and audio recordings are admissible in evidence 

Your Wife is not eligible to claim maintenance under Protection of Women from Domestic Violence Act in the absence of proof regarding domestic violence. 

She can claim maintenance u/s 125 Crpc.

In order for photo and video evidence to be admissible in court it must meet two basic requirements relevance and authenticity. 

Dear Sir

The judgment below of Karnataka High Court below says that if the order under PWDVA (Protection of Women from Domestic Violence Act, 2005) is not an ex-parte order, then even to grant interim relief to the petitioner (wife), the court must conduct an inquiry as would be required in a CrPC summary trial, that is, summons case.  This means that husband will be allowed to give his basic evidence etc and any order will be passed only after that.

It has to be filed with condonation of delay application. Counter claim can be filed by the other side it's their legal right you can file your say for the said claim. Without domestic voilence maintenance cannot be awarded but courts award maintenance mechanically.  That photos and videos will help you

1. As per the information mentioned in the present query, makes it clear that you have been harassed with multiplicity of  litigations without having any fault at your end, I believe.
2. As the maintenance is filed separately under section 125 of Cr. P. C. it may not have any impact on it even if the DV case doesn’t go against you.
3. But, sheshpild not have demanded the maintenance in the DV case, if she did that then she can’t claim the same under section 125.
4. And there has been a period for filing the written statement, which is 120 days maximum after all delay, but here it has gone beyond that.
5. So, you should object to it in the argument on this.
6. And counter claim- you can file an application of order 7 rule 11 of CPC for declining the counter claim, as it should be filed separately as a new suit.

1. Counter claim cannot be made under section 125 cr.p.c. along with this divorce petition, it is not maintainable.

2. The counter claim is not maintainable hence you may give a strong counter to the counter claim.

3. You ask your advocate to put pressure on court to expedite the divorce case proceedings.

The so called documentary evidences in your possession may not be able to come to your rescue, however you can place strong arguments based on the contradictions extracted during cross examination to defend your interests.