• Counter claim in written statement for divorce petition filed by wife

My wife has filed a Divorce under Sec 13(1) of Hindu Marriage Act, maintenance under CrPc 125 and Sec 24 of the Hindu Marriage Act two years ago under false grounds of cruelty. As far as I know she can't prove cruetly in court. I haven't filed written statement yet as counselling was going on. She is not willing for Mutual Divorce under Sec 13(b). She is also not filing evidence affidavit. How should I respond to the Divorce Notice? I too want a divorce from my wife. She has deserted me for two years. What should I do? Which option will give be divorce quickly and with less alimony?
 
1. Should I stop attending court expect it to become an ex-parte. Is there a danger wife will not attend court and the petition will linger?

2. Should In contest the divorce and expect her to come down to mutual.

3. Should I file Written Statement with Counter Claim for Divorce on grounds of Desertion by wife for Two Years as I fear that she may withdraw the divorce or she stop appearing make the divorce process linger?

4. Should I file a Written Statement refuting all allegations but accepting her demand for divorce? 

5. Wife is highly educated an M. Tech and she was dong job of 50000. She resigned from the job intentionally after one month before filing cases to demand maintenance and alimony. Can I avoid permanent alimony or maintenance showing she has deserted me for 2 years?

6. If permanent alimony cannot be avoided, can I pray to court to allow it to be monthly instead of lumpsum?

7. Will it be considered desertion. Wife has alleged that she was forced to leave matrimonial home due to torture which made her file divorce under Sec 13(1) and maintenance under CrPc 125 and Sec 24 Hindu Marriage Act?

What are the pros and cons of each option? Which option will be quicker and attract less alimony.
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

You don't go for exparte. Court may grant all her prayers without your objections in exparte. 

Yes it's better you contest and turn it to mutual. 

You can also file written statement and counter claim. 

You can object alimony on above things

You can file written statement as per your lawyers advice depending on the averment mentioned. 

Yes you can pray for the mode of alimony

She needs to prove what she is alleging only allegement is not enough

Quicker option is mutual divorce only. Get the matter settled

Prashant Nayak
Advocate, Mumbai
31930 Answers
179 Consultations

4.1 on 5.0

First check what is her marital status so you will come to know in which direction you want to go.

 

If she is also involve in the second marriage or remarry situation then there will be no issue of paying her alimony or lump sum amount. because everything from your side.

 

If she is not attending hearing dates than in next to hearing get the case Ex parte or ask court to dismiss the case.

Ganesh Kadam
Advocate, Pune
12928 Answers
255 Consultations

4.9 on 5.0

1. If you won't attend the court than there might be an ex-parte order against you and if your wife doesn't attend the court than the case will be dismissed in default. 

2. Contest it and win it. If she delays. File early hearing application.

3. Yes this would work.

4. Yes.

5. Alimony is difficult to avoid but maintenance can be avoided on basis that she is capable of earning.

6. Yes

7. She will try proving her point you try proving yours. Hire a good lawyer. 

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

1. If you stop attending court , then court will grant one sided ex-parte Divorce decree to her , after allowing her application for maintenance under section 24 of the Hindu Marriage Act

2. If you have a good ground against her case , then better to contest the case. There is also possibility of mutual divorce as well.

3. Yes, you should file the written statement after mentioning the desertion by the wife .

- Since , she has already filed her divorce case, then you cannot file counter claim during this period.

- Further, if she withdraw her case or stop appearing before the court, then after her withdrawing /dismissal of the case, you can file a divorce petition on the ground of cruelty etc. 

4. Yes

5. Without a court order , you cannot avoid maintenance. 

- As per Supreme Court ,  Wife’s income/education has to be taken into account while determining the amount of maintenance payable to her. It is not an absolute right of a neglected wife to get maintenance nor it is an absolute liability of husband to support her in all the circumstances,

- Further, A well qualified wife, who is having the earning capability & capacity, but desirous of remaining idle, is not entitled to claim any maintenance from her husband. 

6. Yes,

7. No

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Mohammed Shahzad
Advocate, Delhi
13211 Answers
198 Consultations

5.0 on 5.0

1. Well on your absence though decree of divorce may be passed ex parte the allegation proved in the decree will remain against you. 

2. Yes its more prudent unless you want decree of divorce immediately. 

3. Yes you can do so.

4. File WS with counter claim. 

5. Mere education of wife howsoever high it may be is enough to avoid maintenance unless you prove her income. 

6. Court will grant monthly maintenance only. 

7. No.

Devajyoti Barman
Advocate, Kolkata
22816 Answers
488 Consultations

5.0 on 5.0

1. See in case you don't contest court may decide alimony ad prayed by wife and you need to pay same then.

2. You may contest and may raise a counter claim and you also van pray for divorce on ground of cruelty and adultery .

3 You may file in case she linger court may decide your counter claim.

4. Court without ground does not grant divorce. 

5. You may contest that wife is qualified and further intentionally left the job.

6 Court may grant her monthly maintenance.

7.  You may contend that she has left on her on will and levelled false allegations in the petition. 

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1) if wife is not attending court nor filing affidavit of evidence her petition would be dismissed 

 

2) don’t stop attending court 

 

3)you can file written statement and counter claim 

 

4) you  should draw attention of court to fact that wife is highly qualified and has worked in past and deliberately left job 

 

5) you can offer to pay monthly maintenance instead of lumpsum amount 

 

 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

Follow option no .2 and 4 .

All the Best.

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

1. Without you filing your written statement,  she cannot file her evidence affidavit. 

If you abstain from attending the court then the court may grant her an exparte divorce. 

For alimony she may have to file a separate case. 

2. You can decide about it by analyzing the facts. 

3. You can file a counter claim along with your written statement. 

4. You can do so. 

5. You can prove that she intentionally quit her job for the purpose of claiming maintenance from you. 

The court may dismiss her maintenance case. 

6. Yes,  you can do it. 

7. You may have to prove that she voluntarily abandoned the matrimonial home hence it can be termed as desertion. 

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

File a divorce petition from your side. 

Both petition shall be heard together. 

Expedite your petition.  Your lawyer can do this. 

Being highly educated your wife is not entitled to any maintenance from you. There are lots of SC and HC orders to this effect . Defend your case accordingly .

Kallol Majumdar
Advocate, Kolkata
2837 Answers
14 Consultations

5.0 on 5.0

1. File your Written Statement. This is the only way to respond it.

2. It is not wise ever to let an ex parte decree get passed against you without filing written statement and denying the allegations. An ex parte decree passed against the defendant in a divorce petition may give rise to a cause of action to the petitioner to seek damages from the respondent as the allegations are deemed to have been admitted if the WS is not filed.

3. Permanent alimony is awarded only in MCD, whereas in contested cases it will be monthly maintenance.

4. Unless there is a decree in your favour which holds that you have been deserted, you cannot avoid maintenance on this ground.

5. The disqualification for a wife is her sufficient independent income  as on the date of adjudication of her claim, not her educational qualifications or her past employment status.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

if your wife fails to appear to attend court, The divorce petition would be dismissed

better option is mutual divorce. 

yes you can file W.S.

As for intentional quitting, it is simple to prove. Get the Court issue a summons to the HR manager and let him produce her resignation letter or confirm what actually happened.

 

 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

1. File written statement with counter claim of divorce.

2. Her evidence will not be recorded untill you file your written statement and court decides the application under section 24 hindu marriage act.

3. You can let court go Ex-parte against you if you also want divorce from your wife but it will mean that you are agreeing to her allegations. And court can also give decision on permanent alimony which will also be binding upon you.

4. Yes you can pray court to order for monthly maintenance instead of lumsum alimony and also claim that you are not bound to pay maintenance as your wife disserted you without any sufficient reason and she is capable of earning handsome money.

 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

The 'sealed cover procedure' is adopted when an employee is due to be considered for promotion, increment etc. but departmental disciplinary/criminal proceedings are pending against him

2)Going by the DOP&T instructions of 14.09.1992, mere pendency of an FIR could not be a hurdle for promotion of an employee. In such a situation, the instructions as contained in the OM dated 14.09.1992 are that the DPC should assess the suitability of the Government servants along with other eligible candidates without taking into consideration the disciplinary case/ criminal prosecution. The assessment of the DPC including unfit for promotion and the grading awarded by it would be kept in the sealed cover.

3) mention pending criminal 498 A , case against you. 

4) DV case is civil in nature 

Ajay Sethi
Advocate, Mumbai
94695 Answers
7528 Consultations

5.0 on 5.0

1. The pendency of a criminal case is not a factor to decide about your promotion, the outcome of the same may be a decisive factor in that aspect.

2. If there is a background check or if you are required to fill up the detail of pending  criminal cases against you, then it may be an obstacle for your new appointment.

3. If the pendency details of a criminal case is not sought then you  do not have to voluntarily  reveal the details.

4. It is a quasi criminal case, hence it depends on how the authorities consider the same

T Kalaiselvan
Advocate, Vellore
84896 Answers
2191 Consultations

5.0 on 5.0

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