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fighting back (exec)     03 April 2012

Does husband have to bear litigation expenses of wife

Dear members,

kindly advice, if the husband files for divorce, taking the initiative, does he have to bear all the legal and lawyer fees if the wife wants to contest the case or fight the case, if she is not a earning person,

if yes, is there any limit to the payment of money to the wife in the form of litigation expenses, if she hires an expensive lawyer then how is the amount calculated in that scenario, does the expense mean everything from the lawyers fees, court fees etc,

dear members, kindly shed some light on this topic.

thanks and regards



Learning

 10 Replies

Shantilal Pandya ( Advocate)     03 April 2012

The maintenance  and  reasonable amount  for  lawyers  fees  as wel as expenses are payble  to the applicant from the opponent , during the pendancy of the main petiition 

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     03 April 2012

Dear querist

I agree with Mr. pandya

rahul (director)     03 April 2012

dont worry, let she hire ram jethmalani,,

court wont award that much, normally, court grant 'ONE TIME' litigation amount ranging from 10000  to 25000. for the whole period of case whether i can run for years,

BTW, how much she ask for ltiigation exp from court in her maintenence application?

sanjeev001 (executive)     03 April 2012

dear sir,

with reference to your reply, wanted to ask you, how is the litigation amount or lawyers fees calculated by the court for the wife if the husband applies for divorce, kindly advice. thanks

sanjeev001 (executive)     03 April 2012

dear rahul,

the petition has not yet been filed from my side, but i just wanted an idea how much would i have to pay since i am applying for divorce, just in case she hires an expensive lawyer.

rajiv_lodha (zz)     03 April 2012

Several counter points are there to deny her easy money U/S 24..............ur lawyer will put a fight, not worry. But be prepared as others have said to pay her small amount

Dr J C Vashista (Advocate)     04 April 2012

You are to pay maintenance and litigation expenses, as awarded by the Court, if she has moved application u/s 24 and not working

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     06 April 2012

Regardless of husband or wife who files for divorce, litigation and maintenance amount has to be paid by the spouse who has sufficient means to the spouse who doesnot has sufficient means to fight the case.

 


Regards,
 
Shonee Kapoor
harassed.by.498a@gmail.com

Colour (NA)     06 April 2012

Pls check this out.........

"Wife entitled to free legal aid after enactment of "Legal services Authorities Act, 1987"  and burden not on husband to pay for letigation charges.

Wife will say I was not aware of this.

If wifes current lawyer has not informed her about the same it is lawyers mistake and husband need not pay for the litigation fees. There was a judgement where wife had asked for money for many things and this is what was cited and money denied.

 

Never Give Up.


(Guest)

Dear Rajan

Now court has started to provided Lawyer for those lady  who unable to pay the advocate fee or unable to appoint Private advocate.

But it is very sad if woman appoimt a private advocate-Court passed pendetlit expences for woman.


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