Response

You can file a counter petition when you have objections with the domestic violence case , As you have not filled the counter and the case has been posted for enquiry then you can file counter along with set aside petition with the reason for non filing the counter on previous date.

You need to have a proper reason to file a counter petition then court will accept the petition and counter. issues pertaining to child custody, visitation, parenting plans, and so on, are not subject to the rules.

whether you file only an answer, or file a new Counter-Petition, the judge is still required to consider the best interests of the child

So, even if you didnÕt file a Counter-Petition stating that you would like to have full custody of your children, the judge will still consider all aspects of your case, and your and your spouseÕs lifestyles, to determine what the best custody arrangement will be for the children.

Under Rule 6A(1) of C.Pc Rule 6A(1):you can file a counter claim
counter-claim against the claim of the plaintiff in respect of action accruing to the defendant against the
plaintiff either before or after filing of the suit but the counter-claim should not exceed the pecuniary limits of the
jurisdiction

Reference:

202100129202100436154

LAWAYZ-2023-824