rohan (aasSS) 03 February 2013

Cost of application in dv case

Hi ,

I got marriied in 2008 ,my wife left my house on a petty issue after 8 months and started staying with her parents.

in 2011 she filed a DV case on me nd my parents , and a divorce case on grounds of cruelty.

she is highly qualified and earns double the salary than mine, I also lost job due to the torture and trauma of her false cases. in the interim order without hearing any arguments or witness the judge was pleased to pass an interim order restraining me from netering her house, he aknowledged the fact that she is highly earning and rejected her maintenance plea, but he granted her 25k as cost of application. why should i be paying even the cost when i have not done anything wrong.

I have appealed against this interim order in session court, the judge has statyed the execution on the interim order, the opponents lawyer is ssaying that the case is not maitainable as its not maintenence but the cost of application, judge has allowed the petiton and ha ranted stay. I am fighting this case in person, any inputs from the experts here will be highly appreciated .

Thanks

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2 Replies

V R SHROFF (Sr. ADVOCATE Bombay High Court Mob: 9892432152) 07 February 2013

Dear Rohan,

"I am fighting this case in person," is going to cost you. It is your mistake.

Unless you study well and can fight yourself. [Majority can't do it without help of Adv, , Only one in thousand can win]

You are not earning, you can file Appli for yr maintenance from her u/s 125 cr.p.c. + u/s 24 of Hindu Marriage Act 1955. for Mtn pending Litigation . As she is working & earning double and u r homeless, , u try it .

rohan (aasSS) 07 February 2013

Thanks Mr Shroff,

In our divorse case i had applied for mantainance under HMA , as i was completly jobless wtith no means of earning .

that time she delayed the case by not being present after some time i got a job which still paid me a lot less than what she earned. and now am o contarctual job.

the cost granted is 25k , and when i approached the lawyers they were asking more to even fight my case. right now cant aford lawyer as already a dv case and divoce case is pending and i have to pay te lawyer for those cases.

i widrawedmy maitenace appeal when i started earning again, any guidane from you will be highly appreciated.

Thanks