Durgal (Student) 25 September 2012

Divorce app

I have got the divorce O.P dismissed in the sub-court. The order of the court is now under Revision in High court. I have receved the notice asking to appear and tell y the revision pettion should be not be admitted. My concerns are as follows.

1) Can i ask for cost of litigation and interim maitenance on the very first day of appearance in the high court.

2) if so under what provisions of law i can claim cost of litigation at the begining, as my husband has not paid any maintenance, and i hve been fighting the case for almost last 10 yrs in lower court. its huge financial burden for me to get lawyer for me to represent in the high court.

Reply Follow

3 Replies

adv. rajeev ( rajoo ) (practicing advocate) 25 September 2012

Had u claimed any maintenance in the lower court? You can also claim the maintenance in the high court also.

Durgal (Student) 25 September 2012

I did claim, but it was not paid, hence the petition was dismissed. i have been litigating the matter for last 10 yrs and i got only Rs. 5ooo towards cost of litigation.

Tajobsindia (Senior Partner ) 25 September 2012

1. The dismissal order itself is wrong. without arrears payment it could not have been dismissed. However in absence of any Execution pending on arrears payment of earlier awarded maint. Order it can be dismissed. Your earlier advocate should have guided you accordingly.

There is huge difference between claim and it being awarded and Execution of the same within its limitation. It is also not clarified under which Maint. Laws (section of the Act or Code) it was earlier claimed and awarded.