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MUKESH GUPTA   31 October 2019

Claim for damages

Sir I have won case u/ 498 and appeal also. I have won DV Act case also. Now I want to file suit for recovery of my money spent in court proceedings and suit for damaged. Will I have to pay court fee for these cases.any provision to file these suit without court fee?


 2 Replies

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     31 October 2019

Cost of suit – when a party brings upon a suit in the court of law, he incurs expenditure thereby. If his point is proved in the suit, he is entited to recover the cost of suit in addition to the damages from the defaulter party. However, it is under the descretion of the court to award or not to award such costs.

Sarthak Nayar   02 November 2019

Dear Mr. Mukesh Gupta

Firstly to answer your query, yes undoudtly you can ask for damages from your ex-wife and the court fee will be proportonate to the amount of damages you are seeking.  it depends upon the high court rules of your jurisdiction.

Secondly, i would also advice you to file a complaint under section 200 Crpc before the magistrate under section 500 r/w 211 IPC i.e. Criminal Defemation and false report. Your ex-wife will be summoned by court and will have to apply for bail and thus facing all the churns of a criminal courts which you faced.

I would advice you to go by the second option along with the first option, as civil remedy sadly in India is a slow and prolonged process. 


Hope this helped.


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