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litigation expense in divorce case


My wife has filed a Divorce case against me under sec 13 ia, which I decided to contest on its merits.

 

Both of us residing in the same city where we also lived together after marriage, but she deliberately filed the case in her hometown just to harass me. She falsely claimed in her petition that she was residing in her hometown.

 

While she did not claim any maintenance amount in her original petition as she is working and drawing a salary of 30K per month. Now, in order to hasten the case she is threatening to file for her interim EXPENSES (Not Maintenance) till date for e.g flight fare, conveyance etc for a lump sum amount of 2 Lakhs. I am being told that if the order is passed then I will have to pay immediately.

 

My income is around 60K per month.

 

Is such a petition tenable as per law? Please note :

 

  • I did not file the case as I never wanted a divorce.
  • She is getting free legal aid under Legal Services Authorities Act 1987, whereas I have to pay for my attorney fees.
  • We do not have any child.
  • She claims that she has to look after her parents, but so do I.
  • I do not have a DV / 498a case against me till now.

 

If her petition is granted at the family court, can I challenge it at the High Court parallely without paying anything first? Can I also file a perjury case against her as falsified her residential address in her petition?

 

Looking for honest advice..Thanks

 
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Lawyer at Supreme Court of India

Sir,, Better contest your maintenance case on merits, she will have to justify her demands before she could be granted ... Warm Regards Kapil Chandna Advocate 9899011450

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She will demand even Taj Mahal but she is not going to get it. Flight tickets r not ordered from the court more over if she filed case in her home town stating that she is residing there then how can she claim travelling expenses? If u have her working proof in x city and both the cities r in same state then file transfer petition in High Court under section 24 of CPC. Litigation expenses will be allowed that will not be much.

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LEGAL CONSULTANT

Interim maintenance includes litigation expenses and her maintenance.If ordered to pay U can challenge the grant.Why do U think of perjury etc at this stage,u will only invite 498A .


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xxx

You have no child, wife is not claiming maintenance but asking for 2L .

Is she asking for one time settlement , what is the amount ?? Is that 2L amount ??

If it is then negotiate and pay her and buy peace.

Dont waste your time Sir and move On !

 

 

 
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She is not asking for one time settlement or interim maintenance as she is working.

 

She is asking for her Litigation expenses. But she is getting free legal aid under "Legal service Authorities Act, 1987". Also, at the time of filing her divorce petiton she mentioned that she was residing in her hometown.

 

So, the question is how can she now claim for her travelling expenses by air (2 Lakhs) ? Is there such a law?

 

The trial has not yet started but she has attended 2-3 court dates till now.

 
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LEGAL CONSULTANT

As she is availing the services of LSA,the court would be very much aware of it.Hence U need not bother of her claiming legal expenses,U can always counter it.No court will ask the respondent to pay travel expenses for the petitioner/complainant.


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xxx

Akhil, you said "i never filed the case as I never wanted a divorce"

Your wife needs the money (2L) and it seems to be her motivating factor to give you a divorce. 

 

If you still want to reconcile pls explore all possibilities with help of mediation before things get more complicated. Your wife though may appear unjustified in claiming 2L Rupees but i feel she is reasonably better than many other women who claim for Crores without any base/ justification. 

 

Even if court rejects her Litigation expense claim she can delay the matter or file other false cases to harass you. Pls get help of mediation and close the chapter ( either reconcile/ Settlement) without wasting much time or else you will roam around the courts for 2-6yrs.

 

 

 

 
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Advocate

Her very petition seeking litigation expenses for travelling to the place of court from her current place of residence is a proof that she has intentionally filed the case at her home town only to harass you.

This fact may be highlighted during argument on that petition stating that there was no necessity to file the present case at her home town when she is not capable of travelling to and fro to that place from her residence, because this case has been filed by her and not you. 

You can make strong and srious objection to this on this point besides other merits in the case claiming litigation expenses. 

If the trial court is not inclined to listen to you, then you may prefer a revision before high court and get the lower court's order set aside. You may not required to deposit any amount so ordered while preferring the revision until and unless ordered by high court. 


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Thanks everyone for your response. Good to know that it can be challenged at the High Court!

 

Is there any duration for filing that revision petition?

 

I checked with my lawyer and found that they will not apply under HMA Sec 24, but on a plain paper on the next hearing asking me to deposit the amount with the court for their interim expenses.

 

 

 
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