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Dismissed case

(Querist) 22 October 2017 This query is : Resolved 
My husband filed a guardianship case under guardians & wards act which was dismissed on wrong section. Now I want to claim litigation cost. How to apply & what is the time period to apply? Please advice.
Dr J C Vashista (Expert) 22 October 2017
The case is already stated to have been dismissed and closed, consequently the judicial file has been consigned to record room, which can be recalled by a judicial order only.
Quoting wrong provision of law shall not affect the proceeding to the extreme of dismissing the case as stated by you, there is some other reason, which is either not known or concealed by you.
What was the stage of the case when it has been dismissed? Whether the respondent (you) have appeared and filed reply; rejoined was filed by petitioner (husband) and proceeding complete or the dismissal was even before this stage?
You are more interested in claiming/collecting/extorting money (as cost of litigation) or contesting case filed against you?
Did you discuss/consult your lawyer before posting this query, rather setting this question paper?
Such an academic question should be consulted with your tutor.
Guest (Expert) 22 October 2017
So, as per your query, you do not seem to have any emotions for husband and wife relations, rather you believe to be yourself as your husband's enemy that too greedy money-minded person!

Why do you pretend your academic query to be your real case?

By the way, even if there is some truth in your statement, how much litigation cost you would have incurred on the case, which has been dismissed merely on technical grounds, i.e., due to quotation of wrong section?

Guest (Expert) 22 October 2017
Generally, at dismissal order they mention Cost to be paid by the party who is at fault, Sometimes If Judge feels it is the genuine error then he orders No Cost.
Now Cost is so low that even traveling to Court expenses are more so no one bothers this is the reality sometimes.

I will put it in this way if Court has ordered to pay 500 Rs. The expenses to recover that cost you will have to pay more.

Additionally, Court some time orders to pay cost before next step that time they have to quietly pay cost , but to recover small amount from dismissed case is a waste of time
Rajendra K Goyal (Expert) 22 October 2017
While dismissing the case there are possibilities that court has ordered for cost. If so, proceed as per orders or if not satisfied, may go for appeal.
Rinku BARDHAN (Querist) 22 October 2017
Thank u very much sir Mr Rajendra k Goyal & Mr/ Mrs Madhu. Actually Goyal sir I was waiting for your valuable suggestions.
To Mr Vashista & Mr Jigyasu, the case was filled under sec 38 of special marriage act for custody of child in the yr 2015 & lasts for 1yr. I appeared & prayed for rejection. The order was "the same is rejected as it is not maintainable & misconceived one".
Then he filled another custody case under guardians & wards act & got visitation right. Now he applied for divorce. Till now I can't file even 125 for my daughter's maintenance bcoz I can't afford.
The case was dismissed but I had to spent a huge amount to dismiss it. Is it make any sense? When we are asking to this site, we thought that valuable comments may be given that can be fruitful. But u r the meninist, either give ur neutral suggestions or plz keep quite. Don't give ur valuable suggestions without knowing the original fact. Thank u.
Guest (Expert) 22 October 2017
Question arises, when you cannot afford fighting of case for maintenance of your daughter, which can benefit you on regular basis, how you can afford to fight the case for small amount of cost of the failed case?

Better discuss the logic for fighting the case claim cost of your previous case, which was dismissed merely due to flaw about wrong section.
Guest (Expert) 22 October 2017
Many time people file cases against opp. party to only trouble others without any consequence, I have seen people file cases using repelled act , so on all waste of time . They themselves know it will never reach anywhere but to harass opp. side they do , Additionally, they too (or Adv. ) know how much cost they are going to bear 3000 max , File stupid cases and let opp. side waste thousands of Rs. paying professional fees, time, energy Such cases are not to determine core dispute but to harass opp. side.

Now I came across so many cases one person file case opp. side file other cases, but they are not ready to use provision of Counter claim .

So legal dispute is at one place but both parties enjoy harassing opp. side by bringing them in court. And both at end , they keep on paying professional fees.

Such matters eventually lead to another tragedy that genuine cases never get time and there is lot delay.
Rinku BARDHAN (Querist) 22 October 2017
Thank u Mr Dhingra & Mr/ Mrs Madhu for ur valuable suggestions.
Guest (Expert) 23 October 2017
Thanks for your understanding.Sometimes patience and compromise with circumstances can help achievement of mental peace than self created turbulence in life.
Rajendra K Goyal (Expert) 23 October 2017
Agree with the submission from expert Madhu.


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