Counter Claim - Order 8 Rule 6A To 6G.: Facts

FACTS
1. 19. Appeal.-
(1) Save as provided in sub-section (2) and notwithstanding anything contained in the Code of
Civil Procedure, 1908 (5 of 1908) or in the Code of Criminal Procedure, 1973 (2 of 1974) or in
any other law, an appeal shall lie from every judgment or order, not being an interlocutory order,
of a Family Court to the High Court both on facts and on law. -(1) Save as provided in sub-
section
(2) and notwithstanding anything contained in the Code of Civil Procedure, 1908 (5 of 1908) or in
the Code of Criminal Procedure, 1973 (2 of 1974) or in any other law, an appeal shall lie from
every judgment or order, not being an interlocutory order, of a Family Court to the High Court
both on facts and on law."
2. Counter claim- Order 8 rule 6A to 6G.

Meaning: A formal request for legal action submitted to a court by a respondent who has
received a petition.
It gives respondent an opportunity to be heard as to what is his side of the story, it provides room
for outlining his own request to the court, which may not be mentioned in the initial petition of
petitioner at all.
3. Sec 151 of the CPC provides for exercise of inherent powers to prevent the abuse of the
process of court. The abuse of the power may be at the instance of a party or at the instance of
the court itself.
ISSUE 1:
4. In tn.gov.in official govt website of tamilnadu it is mentioned your ladyship. And also in the
Indian google map it is salem district is located your ladyship.
5. In para 1 of the moot preposition it is mentioned that suranjan , resident of konnur, mettur
taluk, salem district. Your ladyship the mentioned place is situated in tamilnadu. The pincode is
636404.
6. Section 25 of the CPC enables the Supreme Court to transfer any Case, appeal or other
proceedings from High Court or other civil court in one State to a High Court or other civil court in
any other State.
ISSUE 2:
7. Freedom of religion in India is a fundamental right guaranteed by Article 25-
28 of the Constitution of India. Under article 25 of the Indian constitution every citizen has
the right freely to profess, practise and propagate religion.
8. The respondent didn’t approach before any court since she has accepted conversion of the
alias ali and it is a valid talaq.
9. triple Talaq, also known as talaq-e-biddat which means instant divorce. It is a form of
Islamic divorce used by Muslims in India to end the ties of marriage.
10. Section.23(1)(d):In any proceeding under this Act, whether defended or not, if the court is
satisfied that, (d)here has not been any unnecessary or improper delay in instituting the
proceeding.
ISSUE 3:
11. Section 17 od PWDVA,
(1)every woman in a domestic relationship shall have the right to reside in the shared household,
whether or not she has any right, title or beneficial interest in the same.
(2) The aggrieved person shall not be evicted or excluded from the shared household or any part
of it by the respondent save in accordance with the procedure established by law.
12. shared household” means a household where the person aggrieved lives or at any stage
has lived in a domestic relationship either singly or along with the respondent and includes such
a household whether owned or tenanted either jointly by the aggrieved person and the
respondent, or owned or tenanted by either of them in respect of which either the aggrieved
person or the respondent or both jointly or singly have any right, title, interest or equity and
includes such a household which may belong to the joint family of which the respondent is a
member, irrespective of whether the respondent or the aggrieved person has any right, title or
interest in the shared household.
13. 17. Dismissal of appeal for appellant’s default.-
(1) Where on the day fixed, or on any other day to which the hearing may be adjourned, the
appellant does not appear when the appeal is called on for hearing, the court may make an order
that the appeal be dismissed.
Explanation: Nothing this sub-rule shall be construed as empowering the court to dismiss the
appeal on the merits.
(2) Hearing appeal ex parte. — Where the appellant appears and the respondent does not
appear, the appeal shall be heard ex parte

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FACTS

2. Counter claim- Order 8 rule 6A to 6G.

13. 17. Dismissal of appeal for appellant’s default.-

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