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Amit   13 January 2016

Query on 24

Dear Experts,

I have a query regarding litigation expenses.

Would like to know whethera person can claim litigation expenses for all the cases (4-5 eg. DV, Divorce, appeal in ASJ court, CRPC 340/91, Quashing in HC) in section 24. or he/she has to file seperately for all the cases 

 

 

 



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 3 Replies

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     13 January 2016

Maintenance pendent lite can be filed against matrimonial suits (like divorce, RCR etc) only for litigation expense.

 

It can’t be filed against other cases link 340/91, quashing, Speedy Trial, DV and any other criminal cases.

 

Please see my profile links for sample petitions and other clues.

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Amit   14 January 2016

Thanks for your reply.

My query is that if second party keeps on going filling cases then how can one ask for litigation expenses one time. as he/she is not aware of how many more cases are there.

e.g 4-5 eg. DV, Divorce, appeal in ASJ court, CRPC 340/91, Quashing in HC, 

 

 

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com))     14 January 2016

Originally posted by : Mrs. Renuka Chaudhury,
Litigation expenses one time only in one case only.  Thats all.  She can go asking litigation expenses in each and every court hall under each and every law avaialble and can be granted only once by only one court and not all the courts.

 

I beg to differ from the above view.

 

Litigation expense petition can be filed on matrimonial courts only.

 

Not in other courts for other cases.

 

If she is unemployed or income is less than 18000 per annum then she is eligible for free legal aid under Legal Service Authority Act (Para 12) hence not eligible of litigation cost.

 

Please see my profile links for sample petitions and other clues.

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