Regarding litigation cost
Rinku BARDHAN
(Querist) 17 October 2017
This query is : Resolved
I left matrimonial home 2 yr ago due to domestic violence & started to live in paternal home with 3 yr old daughter. My husband never enquired about us & never provided monetary help till the date. He applied for guardianship under guardians & wards act & got interim visitation & now applied for divorce. He also filed another guardianship case which was dismissed on the ground of wrong section. I already paid more than rs150000/-. My question : how can I get the litigation cost for these 3 cases filed by him? How much amount can I claim? Can I claim interim exp for litigation or any monthly exp for litigation other than maintenance for my daughter? Both we r service holder. Please give ur valuable suggestions.
Vijay Raj Mahajan
(Expert) 18 October 2017
Litigation expenses are awarded to either of the spouse under the Hindu Marriage Act,1955 if an application u/s 24 is filed by any of them. Under this provision during the pendency of any main petition under this Act in case the party has no independent income sufficient for her or his support and necessary expenses of the proceedings are awarded by the court. In your case as you both are working, the maintenance or support expenses for either of you may not be allowed, but as you have faced 3 cases and spent about Rs1,50,000/- for these cases the Family Court may allow you some amount to compensate for expenses of the proceedings as in the present divorce case.
As a mother you can seek monthly maintenance for your minor daughter from your husband u/s 26 of the HMA during the pendency of divorce case if the same has not yet been granted to you in any other case. The court in such case make the other parent share the monthly expenses of the minor children even if that parent is not having physical custody and just visitation rights of the minor children.
Rajendra K Goyal
(Expert) 18 October 2017
Well advised, agree with the expert Vijay Raj Mahajan.
Dr J C Vashista
(Expert) 19 October 2017
Did you discuss the issue with your lawyer who is contesting your cases successfully?
There is no need to have second opinion on the subject matter, which may damage your case(s, have faith in your lawyer. Your lawyer is well equipped/informed about the facts and circumstances of the case, capable and intelligent enough to form an opinion and advise you, therefore it would be better to consult him/her if you have still not discussed.
Rinku BARDHAN
(Querist) 20 October 2017
Whether I can apply for maintenance for my daughter under the guardianship case? Bcoz my lawyer is saying that there is no provision for claiming maintenance under guardianship & wards act. When can I apply for litigation cost for this case? As my husband filed all the cases & I've to spent a huge amount to fight, does it included in my own expenses? Bcoz law says that who have sufficient income to maintain himself or herself can't get maintenance. Till now I've not filed, perfectly say can't file any case due to monetary problem. Our marriage solemnized under special marriage act. Please advice.
Rinku BARDHAN
(Querist) 20 October 2017
Whether I can apply for maintenance for my daughter under the guardianship case? Bcoz my lawyer is saying that there is no provision for claiming maintenance under guardianship & wards act. When can I apply for litigation cost for this case? As my husband filed all the cases & I've to spent a huge amount to fight, does it included in my own expenses? Bcoz law says that who have sufficient income to maintain himself or herself can't get maintenance. Till now I've not filed, perfectly say can't file any case due to monetary problem. Our marriage solemnized under special marriage act. Please advice.
