LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

ABHISHEK B (Bekaaar)     05 January 2019

Need suggestion - wife approached court with unclean hands

All,

In my divorce suit, District Court has rejected my wife's claim for monthly interim maintenance. However, Court has allowed a lumpsum of Rs.30k as one time litigation cost. Wife has accepted the same amount. After a couple of months, she has now appraoched the HC in an appeal under Article 227, mentioning that she has received no Alimony Pendente Lite from the Lower Court, and has made no whisper in her petition about the Rs. 30k/- granted and received by her.

As per my lawyer, no written objections can be filed in such Civil Revision matters related to interim maintenance, and neither would it be entertained or accepted by the Court.

What are my options to bring the point that she has suppressed material facts and approached court with unclean hands to Court's notice ?

Options 1 - Dont fine anything as per lawyer's advice and just mention same verbally during Appeal hearing.

Option 2 - File perjury application u/s 340 in the same HC. Is it even possible or allowed, or needs to be filed as a separate petition ?

Option 3 - File a Dismissal Petition in same HC. What sort of a petition would that be and under which section ?

Option 4 - File a Written Objection even if its not accepted by the HC.

PLEASE SUGGEST ASAP

 



Learning

 15 Replies

498A Victim   05 January 2019

you can file counter in HC. As your wife received litigation costs Rs. 30k, it is not maintenance pendilite. As your wife not received any maintenance, she approached HC

Vijay Raj Mahajan (Advocate)     05 January 2019

Option 4 is best as the written objection will be on record and court will not ignore it.

Dr J C Vashista (Advocate)     05 January 2019

You have already engaged an able, competent and intelligent enough to advise you, however, if you have lost faith in him change him immediately.

Limited facts have been provided for the question paper.

Any or all options are available to you as advised by your lawyer .

Sachin (N.A)     05 January 2019

Originally posted by : ABHISHEK B
All,

In my divorce suit, District Court has rejected my wife's claim for monthly interim maintenance. However, Court has allowed a lumpsum of Rs.30k as one time litigation cost. Wife has accepted the same amount. After a couple of months, she has now appraoched the HC in an appeal under Article 227, mentioning that she has received no Alimony Pendente Lite from the Lower Court, and has made no whisper in her petition about the Rs. 30k/- granted and received by her.

 

What is wrong in your wife petition .

She  rightly said she haven't recieved any alimony. You are also saying maintence was rejected by the court.

30k recieved by her is not maintence, it is litigation cost and thats why she has not mentioned it in her petition. 

K.K.Ganguly (Advocate)     05 January 2019

1. In Calcutta High Court, we are reguklarly filing affidavit in Opposition/Reply to both Criminal Revision as well as Civil Revision petitions with Courts leave.

 

2. Ask your Advocate to first prepare a list of dates in the matter and show that to the Court arguing against the said petition and praying for leave for submitting your Affidavit in Opposition/Reply.

ABHISHEK B (Bekaaar)     05 January 2019

The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm. Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?

ABHISHEK B (Bekaaar)     05 January 2019

The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm. Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?

Sachin (N.A)     05 January 2019

Originally posted by : ABHISHEK B
The lump sum of 30k/- litigation cost was awarded to her in lieu of the 14k/- pm legal expenses she had asked for as interim maintenance, along with maintenance under other headings totalling a sum of Rs. 50k/- pm.

Nevertheless, shouldn't it be the appleant's duty to come to the Appeate court with clean hands and mention that she has already been awarded 30k/- and she has accepted the same as well, instead of blatantly mentioning that she was not awarded anything from the lower court ?


No, your wife is demanding maintenance and 30k rs was litigation expense and she must have attached the copy of impugned order. So there is nothing wrong. Fight the case on merits.

Dr J C Vashista (Advocate)     06 January 2019

I do not agree. 

Either the court shall award maintenance to estranged wife or decline totally but shall (repeat SHALL) not grant lump sum of Rs. 30K/- for litigation as stated by you.

Recheck with your lawyer.

ABHISHEK B (Bekaaar)     06 January 2019

Sir, Indeed the interim maintenance was rejected as far as her monthly demands were. However, the Judge per the Order states as follows regarding litigation cost :- On the question of legal expenditure of Rs. 14,000/- per month as prayed for, I do not find any basis or satisfactory evidence on the part of the petitioner as to how Rs. 14,000/- p.m is prayed for as legal expenditure. However fact remains that the suit has been filed by the husband for divorce to which the wife is contesting.���.The wife is therefore entitled to get litigation cost irrespective of her income wherefrom she is found to be eligible to maintain herself. However, considering the above facts and circumstances, at this stage the OP/husband is directed to pay a lump sum amount of Rs. 30,000/- to the petitioner wife as litigation cost payable within 30 days from this day.� The litigation cost was already paid and accepted by the wife. Two months hence, she has approached the HC mentioning lower court has not awarded her any interim maintenance. Is such statement where she is hiding the fact that litigation cost (as part of alimony pendente lite) was indeed granted and accepted by her, a suppression of material fact ?

K.K.Ganguly (Advocate)     06 January 2019

1. Did she apply for any maintenance amount whih was rejected by the Court?

 

2. If yes, then did the order mention about the rejection of the said maintenance prayer?

 

3. If yes, then there is no much uncleanness in her appeal since she is appealing against the order rejecting her prayerv for interin maintenance and not the cost.

K.K.Ganguly (Advocate)     06 January 2019

1. Did she apply for any maintenance amount whih was rejected by the Court?

 

2. If yes, then did the order mention about the rejection of the said maintenance prayer?

 

3. If yes, then there is no much uncleanness in her appeal since she is appealing against the order rejecting her prayerv for interin maintenance and not the cost.

Martin S.   06 January 2019

Originally posted by : ABHISHEK B
All,

In my divorce suit, District Court has rejected my wife's claim for monthly interim maintenance. However, Court has allowed a lumpsum of Rs.30k as one time litigation cost. Wife has accepted the same amount. After a couple of months, she has now appraoched the HC in an appeal under Article 227, mentioning that she has received no Alimony Pendente Lite from the Lower Court, and has made no whisper in her petition about the Rs. 30k/- granted and received by her.

As per my lawyer, no written objections can be filed in such Civil Revision matters related to interim maintenance, and neither would it be entertained or accepted by the Court.

What are my options to bring the point that she has suppressed material facts and approached court with unclean hands to Court's notice ?

Options 1 - Dont fine anything as per lawyer's advice and just mention same verbally during Appeal hearing.

Option 2 - File perjury application u/s 340 in the same HC. Is it even possible or allowed, or needs to be filed as a separate petition ?

Option 3 - File a Dismissal Petition in same HC. What sort of a petition would that be and under which section ?

Option 4 - File a Written Objection even if its not accepted by the HC.

PLEASE SUGGEST ASAP

 

You need to change your advocate.  Before thinking of anything else, do this one first.

ABHISHEK B (Bekaaar)     06 January 2019

my contention is not that she is appealing against the Lower Court order which denied any monthly interim maintenance.
Instead what I want to know from the learned friends here is, if she even got litigation cost instead of the monthly maintenance, isint it her duty to mention the same when filing her Appeal ? Why should one suppress this fact that Lower Court while rejecting her monthly maintenance, was pleased to grant litigation cost which she indeed accepted but prefers keeping quite hoping to squeeze out more.

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Start a New Discussion Unreplied Threads


Popular Discussion


view more »




Post a Suggestion for LCI Team
Post a Legal Query