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Ravi (a)     20 May 2014

Legal expenses petition


in my divorce case, my wife filed an application asking for legal expenses (above 1 lakh rupees). pl let me know any judgements or suggestions to dismiss her petition.



 8 Replies

Shantanu Wavhal (Worker)     20 May 2014

its called application u/s 24.

u have filed for divorce - court will grant her some amount, though NOT 1 lakh


24        Maintenance pendente lite and expenses of proceedings

Where in any proceedings under this Act it appears to the court that either the wife or the husband, as the case may be, has no independent income, sufficient for her or his support and the necessary expenses of the proceeding, it may, on the application of the wife or the husband,  order the respondent to pay to the petitioner the expenses of the proceedings, and monthly during the proceedings such sum as, having regard to the petitioner’s own income and the respondent, it may seem to the court to be reasonable.


The expression “husband and  wife” as finds place under s.24 does not require a rigid interpretation. Besides the inclusion of legally married wife and husband, the expression also includes the person claiming to be a wife or husband.-  Laxhmibai v Ayodhya Prasad AIR 1991 MP 47

In the case for one reason or the other the proceedings are protracted and the applicant is not the least responsible for, the applicant cannot lose the right for getting maintenance pendente lite from the date of application.- Indira Gangole v. S.K. Gangole AIR 1992 MP 73

In  case there is an order  of maintenance pendente lite passed, it cannot be appealed against for it is just an order interlocutory and never a judgement.- S.H.Gupta.v.P.S.Gupta.AIR 1991 Bom.423.

Where there is no obstacle in the matter of earning granting of maintenance to one who is skilled does not fall within the purview of the scheme of the Act. Simple fact of business  closed down, does not indicate no source of income .-Kanchan v. Kamalendra AIR 1992 BOM 493

Expenditure done on the travelling so as to attend the court where is a big distance from the  residence and the court is also included in the court of litigation, and in case some assistance is required by the applicant lady or  some male companion, it is necessary that the respondent must pay travelling expenses of both of them besides same deamess allowance.-S .D. Naik v. D.K. Naik 1993 (1)DMC 112

Ravi (a)     20 May 2014

Thank you for comments.

but she trasnferred the divorce petition from my state to her state thru Supreme court. now i am travelling 1000+ KM for every hearing. why would the court allow her petition? it is also said that wife is entitled to free legal aid from court and hence no legal expenses on the husband in one of the old judgement.


with this judgement in place, can the court deny her petition becasue of transfer done by wife? it is just a harasment to travel to her city for divorce, dv and 498a cases.


moreover, she is a working lady currently. cannot she pay for her legal expenses? courts can see this?


Shantanu Wavhal (Worker)     20 May 2014

facts of the case play major role

she has to face litigation because of YOUR petition

lawyer fees + typing + etc.

u have to pay.

i also paid though my sweet heart was earning 40 K in Govt. job

dont make it an issue - its just INTERIUM maint. - i.e. u have to pay till the disposal of the case


now take advantage - request the court to dispose the case as per 21B -

Ravi (a)     20 May 2014

thank you sir. she is not asking interim maintenace. she is asking litigation expenses only now.

where i have to file speedy trial petition? in the same court where my divorce is in progress or goto higher court. pl surggest.

Shantanu Wavhal (Worker)     20 May 2014

properly read the material already provided

Ravi (a)     21 May 2014

sure sir.

Ravi (a)     04 June 2014

folks - pl send me any judgements where legal expenses by wife is dismissed on the ground courts provided free legal aid to wives.

is this judgement useful in my case? kindly let me know.

i also heard there is supreme court judgment where only 1/4 of fees is to paid to the lawer upto evidence.


pl pass on the judgement so that i can fight to dismiss her legal expenses petition.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     05 June 2014

Only one such order from Gujrat High Court.


Sangitaben Rasiklal Jaiswal   Versus  Sanjaykumar Ratilal Jaiswal 



Shonee Kapoor

If you don't fight for what you want, don't cry for what you LOST.

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