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(Guest)

On what ground i can deny litigation reimbursement

As per law husband has to reimburse all the money wife is spending on litigation. In what circumstances husband can deny it? Which husband would be interested in paying money which is used to attack him only? 



 5 Replies

Dr J C Vashista (Advocate)     30 April 2014

Incomplete information, vague and academic query


(Guest)

Sir I am not law student. Sorry for the confusion. My wife wants judge to order me to pay for the money she is spending on her lawyer fees. The case is going in for 15 months now. I would like to deny it so I would like to know what are the circumstances in which I can deny such demands? She left home and sent me divorce petition. 

Advocate Ravinder (Advocate/Attorney)     30 April 2014

Incomplete question. What is the case.  To my expectation it might be divorce case.  If the wife is economically weak and also short of funds to file divorce petition/maintenance petition etc, she can file an I.A. claiming legal expenses from her husband.  After hearing the objections of the husband the court will grant the claim of the wife.  You cannot escape from your responsibility. 


(Guest)

Thanks for your reply. This is regarding divorce case. So basically she should be financially weak. What if she resigned from her job but well qualified?

T. Kalaiselvan, Advocate (Advocate)     01 May 2014

When in any proceedings under the HMA it appears to the court that the applicant has no independent income sufficient for her support and the necessary expenses for the proceedings, it may order the respondent to pay to the applicant the expenses for the proceedings and monthly during the proceedings such sum as, having regard to the petitioner's own income and the income of the respondent, it  may seem to the court to be reasonable.


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