Retrospective cost

Prakash (Querist) 07 August 2012 This query is : Resolved
Ld counsels,

High court directed the trial court to dispose of the divorce case within three months. Time period has elapsed during marking of documents and wife was set ex parte due to non-appearnace continuously for 2 hearings.

The set aside petition was allowed after which husband moved a memo for imposing cost for causing delay by wife as she filed additional applications.

Can the court impose cost in such factual background without going into the merits of each applications. The cost if imposed will have to be retrospective not on any particular default on any day of hearing.

Thanks in advance.

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Devajyoti Barman (Expert) 07 August 2012
The granting of cost is discretionary power of the court and there is no fixed law on it.
It is often guided by circumstances.
If the court gets convinced about the dilatory tactics of the wife then it may well impose costs.

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