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Counter claim by respondent in divorce case


20-Feb-2026 (In Divorce Law)
Respondent has filed written counter but not submitted any counter claim and divorce is contested. Case went on for 3 years. Now respondent wants divorce but tactically petitioner is trying to withdraw her petition or get case dismissed by not attending. Now case is in stage of cross examination of mw3. Will judge allows respondent counter claim to proceed for divorce. Or can respondent ask judge to close petitioner side evidence and start respondent chief. Plz clarify
Answers (5)

Answer #1
845 votes
Hello, As per information shared by you, it appears that petitioner is avoiding continuing divorce case, however you will be well within your right to seek closing of Petitioner Evidence and to start Respondent Evidence. The Petitioner may be proceeded ex parte / the case can proceed further in absence of the Petitioner as well. However, your written statement must have been geared for defence against divorce as you mentioned that you are contesting the divorce case. Need more information and documents in order to advise you further. I strongly advise to opt for a legal consultation and will be happy to help you and provide effective and proper legal advice based on the complete facts & documents of your case. Best wishes.
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Advocate Abhijeet Negi

Adv. Abhijeet Negi

LawRato Delhi | 25+ Answers
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Answer #2
870 votes
In case the other side has only filed written statement and no counter claim has been filed officially, no such counter claim can ever be considered as there is no counter claim officially. Rest assured these seem to be delaying tactics at this stage therefore it is completely upto the judge of the family court has become an emotional court rather than a court of law.
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Advocate Amardeep Singh

Adv. Amardeep Singh

LawRatoDelhi | 25+ Answers
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Answer #3
650 votes
If the petitioner tries to withdraw the case at this late stage (MW3 cross-examination), you can oppose it or request the court to allow you to file a counter-claim under Order 8 Rule 6A CPC. If she stops attending, the court may dismiss her petition for default; however, you can ask the judge to close her evidence and let you lead your own evidence to seek a decree of divorce in your favor. Rest, more details are needed for exact guidance
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Advocate Yash Ajmani

Adv. Yash Ajmani

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Answer #4
598 votes
Hi In case, the petitioner is not appearing in his case, then the case will be dismissed on the ground of non-prosecution. Once the case gets dismissed you can separately file for your divorce and get a divorce decree.
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Advocate Pragati Srivastava

Adv. Pragati Srivastava

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Answer #5
647 votes
Under Order 8 Rule 6A CPC (applicable to matrimonial proceedings), counter-claim should ideally be filed along with Written Statement. Evidence has already started, Cross examination is ongoing. Court may be reluctant unless strong justification is shown. If petitioner stops attending then Seek Closure of Petitioner Evidence or Ask Court to Proceed with Respondent Evidence, incase of fresh divorce filing you can contact me.
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Advocate Jayatee Chatterjee

Adv. Jayatee Chatterjee

LawRatoDelhi | 5+ Answers
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Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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