COUNTERCLAIM EXAMPLE

IN THE NORTH EASTERN DIVORCE

HELD AT EMPANGENI                                                 CASE NO.:  716/2012

In the matter between:

BLACK PEPPER                                                                                    Plaintiff

and

WHITE PEPPER (BORN SALT)                                                     Defendant

 

DEFENDANT’S CLAIM-IN-RECONVENTION

 

1.

The parties in reconvention are as in convention.

2.

The Plaintiff and the Defendant were married to each other in community of property, on the 7^th day of January 1989.

3.

The parties are domiciled within the area of jurisdiction of this Honourable Court.

4.

There is one minor child born of the marriage, namely:-

            BLACK PEPPER JUNIOR, a male, born on 5 July 2000.

5.

The marriage relationship between the parties has reached such a state of disintegration that there is no reasonable prospect of the restoration of a normal marriage relationship between them, in that:-

(a)          the Plaintiff:-

(i)            showed no love and affection towards the Defendant for a considerable period of time;

(ii)          turned his back on the Defendant and showed no interest in their marriage relationship;

(iii)         has treated the Defendant in a disrespectful and demeaning manner;

(iv)         has taken no interest in the life of the Defendant;

(b)          as a result of the aforegoing, the Defendant no longer wishes to remain married to the Plaintiff and is intent upon divorce.

6.

In the premises, the marriage relationship between the parties has broken down irretrievably.

7.

It is in the best interests of the minor child that primary care giving of him be awarded to the Plaintiff, subject to the Defendant’s rights to reasonable access to them.

8.

The minor child is in need of and the Plaintiff can afford to pay:-

(a)          maintenance to the Defendant for the minor child at the rate of R1 500,00 per month;

(b)          all reasonable medical, dental, ophthalmic and allied expenses incurred in respect of the said minor child, such to include but not to be limited to, all costs of hospitalisation, surgical treatment, spectacles and prescribed medication;

(c)          all costs and expenses reasonably incurred consequent upon the education of the said minor child up to and including tertiary level, such to include but not to be limited to, school fees, school books examination fees, extra lessons, school uniforms and all costs and expenses incurred consequent upon the participation of the said minor child in extra-mural activities, including equipment and clothing related thereto.

9.

The parties are married in community of property. In the premises, the Defendant is entitled to be awarded an amount equal to one-half of the joint estate.

WHEREFORE the Defendant prays for judgment against the Plaintiff for:-

1.            A decree of divorce;

2.            An Order awarding to the Plaintiff the custody of the minor child, namely:-

BLACK PEPPER JUNIOR, a male, born on 5 July 2000;

3.            An Order directing the Plaintiff to pay:-

(a)          maintenance to the Defendant for the minor child at the rate of R1 500,00 per month;

(b)          all reasonable medical, dental, ophthalmic and allied expenses incurred in respect of the said minor child, such to include but not to be limited to, all costs of hospitalisation, surgical treatment, spectacles and prescribed medication;

(c)          all costs and expenses reasonably incurred consequent upon the education of the said minor child up to and including tertiary level, such to include but not to be limited to, school fees, school books examination fees, extra lessons, school uniforms and all costs and expenses incurred consequent upon the participation of the said minor child in extra-mural activities, including equipment and clothing related thereto;

4.            Costs of suit.

DATED at                              on this            day of                                  2005.

                                                                       

                                                                        Defendant’s Attorney

ATTORNEYS FOR THE DEFENDANT

LA LAW

1^ST FLOOR, A BUILDING

EMPANGENI

TO                   :           THE REGISTRAR OF THE ABOVE HONOURABLE

COURT                                 

                                    DURBAN

AND TO         :           BOSTON LEGAL

                                    PLAINTIFF’S ATTORNEYS

                                    1 Union Street

                                    EMPANGENI