Plea & Counterclaim example

IN THE NORTH EASTERN DIVORCE COURT

HELD AT EMPANGENI

                                                                                                                    CASE NO. _________2012

In the matter between:

                                                                                                                                                                     

BLACK PEPPER                                                                                                                PLAINTIFF

and

WHITE PEPPER (born SALT)                                                                                     DEFENDANT

                                                                                                                                                   

DEFENDANT’S PLEA TO PLAINTIFF’S PARTICULARS OF CLAIM

KINDLY TAKE NOTICE that the Defendant pleads as follows to the Plaintiff's Particulars of claim:

                                                                                 1.

AD PARAGRAPH 1,2,3,4 & 5

The contents of these paragraphs are admitted insofar as they are consistent with the contents

of paragraphs 1 to 3 of the Defendant’s claim in Reconvention filed evenly herewith but denied 

in every other respect.

                                                                                 2.

AD PARAGRAPH 6 & 7

Safe for admitting the preamble to paragraph 6, the remaining averments made herein are denied and the Plaintiff is put to the proof thereof.  In amplification of his denial the Defendant

refer the Plaintiff to the averments contained in his claim in reconvention filed evenly herewith.

3.

                                                                                  

AD PARAGRAPH 8 &9

Save in conceding that the minor child, BLACK PEPPER JNR is in need of maintenance, the remainder of the averments are denied and the Plaintiff is put to the proof thereof.

WHEREFORE the Defendant prays that the Plaintiff’s claim be dismissed with costs, save for those issues expressed to be admitted and that an order be granted as prayed in terms of his

claim in reconvention filed evenly herein. 

                                                                                         

DEFENDANT’S CLAIM IN RECONVENTION

                                                                              

1.

The parties are referred herein in their capacity as cited in the claim in convention as Plaintiff

and Defendant respectively. 

2.

The Plaintiff is BLACK PEPPER, an adult male engineer, employed at Robinsons Spices, 11 Union Street, EMPANGENI and who is resident at 1 Pepper Street, RICHARDS BAY, KwaZulu Natal. 

3.

The Defendant is WHITE PEPPER (born SALT), an adult female employed as a cashier at Pick & Pay, Boardwalk Centre, Richards Bay and whom is presently resident at 1 Pepper Street, RICHARDS BAY.

4.

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

4.1       The Plaintiff has failed to treat the Defendant in the manner befitting a husband;

4.2      The Plaintiff has advised the Defendant that he is not interested in the restoration of      the marriage relationship and that he is intent on a divorce;

4.2         The Plaintiff  does not respect the Defendant and shows no consideration for the Defendant;

4.3         The Plaintiff uses abusive language towards the Defendant and in the presence of the minor child;

4.4         As a result of the aforementioned reasons, the parties have agreed on the dissolution of their marriage relationship on the ground of irretrievable breakdown of the marriage relationship.                

5.

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

6.

It would be in the best interest of the minor child, BLACK PEPPER JNR, a male born on the 5^th of July 2000  that primary care giving over him be awarded to the Defendant  subject to the Plaintiff’s rights to reasonable contact.

7.

7.1         The Defendant submits that she is in a better position to attend to the needs of the minor child, furthermore that she has been the child’s primary caregiver since the child’s birth.

7.2         The Defendant furthermore submits that the Plaintiff has a violent nature and has in the past physically assaulted the minor child.

8.

	The Defendant furthermore submits that once she has been awarded primary care giving of BLACK PEPPER JNR she will require the following financial support from the Plaintiff:-
	8.1	to retain the minor child as a dependant on his medical aid fund;
	8.2	to accept liability for the payment of school fees in respect of the minor child as well as the costs related to all extra mural activities, school books and school uniforms;
	8..3	To contribute an amount of R1500-00(ONE THOUSAND FIVE HUNDRED RAND) per month towards the maintenance of the minor child.

9.

WHEREFORE the Defendant prays for:

1.            Decree of divorce on the grounds of irretrievable breakdown of the marriage relationship;

2.            An order awarding the Plaintiff primary care giving in respect of BLACK PEPPER JNR  subject to the Defendant’s reasonable  rights of contact;

3.            An order in terms whereof the Defendant is ordered to :-

(a)       pay maintenance to the Plaintiff in respect of the minor child at the rate of   R500-00 (FIVE HUNDRED RAND) per month;    

(b)         Pay school fees of the minor child;

(c )      retain the minor child on his medical aid fund.

             

4.            Costs of suit;

5.            Further and /or alternative relief.

DATED at RICHARDS BAY this  21^st day of  FEBRUARY 2005

                                                    _

Attorneys for Defendant

1st Floor South Wing

320 Smith Street, Durban

TO:     THE REGISTRAR

            NORTH EASTERN DIVORCE COURT

            PRIVATE BAG X54304  

            DURBAN                                         

AND TO:        PLAINTIFF’S ATTORNEYS

                        EMPANGENI JUSTICE CENTRE

                        P O BOX 38

                        EMPANGENI