Litigation expenses & pendelite maintenance

Dear Mvenuswara,  Liigation expenses can be claimed by wife only once.  Interim maintenance does include litigation expenses also.  However, generally court grants litigation expenses at the time of finally deciding the case.  Eventhough she has preferred an application as a petitioner for maintenance, she can very well file an application for interim maintenance in any other proceedings filed by the other side.  In appeal, no fresh evidence can be adduced and hence, no application for interim maintenance can be entertained.  While deciding any application for interim maintenance, court considers income and expenditure of husband and requirement of wife.  So if there is no change in the requirement, no such additional application can be entertained.

Deepak ji is correct...one more thing i must add, if the maintenance is demanded both under S. 125 Cr.P.C and S. 24 of Hindu Marriage Act, but while deciding the subsequent application the court will consider the interim maintenance already awarded in the previous litigation.

Dear MVenuSwara,

1) How many times litigation expenses can be claimed by a wife?

Once for each case, she is contesting or filed.

2)  Is she entitle for litigation expenses when she is getting interim maintenance?

Yes.

3) Can she file application for pendelite maintenance if she has already filed a case as petitioner for maintenance and also filed an apeal against some order?

Yes.

4)  Can she file application under sec 24 in the case of apeal she filed while she is getting interim in another case she has already filed?

Yes.

5)  How can she be opposed under law;  Any case ?

Pls prvide some more facts and details about the case discussed.

Thanx Sirs; Details are: Wife filed case of maintenance and recovery of maintenance from the date she started living at her parents and all the expenses she incurred at her parents house. (2) Husband filed divorce after prety period of time.  (3) Wife filed maintenance against the petition filed by husbad. (4) wife got maintenance against the appln filed later; pending decision on the petition filed by wife.  (5) Petition filed by wife for recovery is at the stage of defence (6) wife may file apeal against the order of sec 13 petition of husband. (7) Can she again ask for maintenance and litigation expenses.  (8) what reliefs are available for wife !