Guidance on inclusion of legal expenses, property rights, and maintenance in divorce petition under

I am a law student studying in my 2nd year and I can provide you with some guidance on the inclusion of legal expenses, property rights, and maintenance in a divorce petition under the Hindu Marriage Act, 1955. Regarding the inclusion of requests for legal expenses, property rights, and permanent maintenance in the main divorce petition, it is possible to include these requests within the same petition. It is not necessary to file separate applications for each aspect. However, it is important to clearly mention and pray for these specific reliefs in the petition itself. Under Section 27 of the Hindu Marriage Act, 1955, the court has the power to order either party to the marriage to pay the expenses of the proceeding to the other party. You can include a prayer in your petition seeking a directive for the respondent to bear the costs of the proceedings, including legal expenses. Regarding property rights, you can include a prayer for equitable distribution of matrimonial properties under Section 27 of the Hindu Marriage Act. This provision allows the court to make orders regarding the disposition of the assets of the parties. For permanent maintenance, you can seek relief under Section 25 of the Hindu Marriage Act. This section empowers the court to grant maintenance to either spouse if it finds it necessary. In your petition, you can include a prayer for the awarding of permanent maintenance to the petitioner. In terms of the title and prayers for the petition, the proposed title "Petition Under Sections 13(1)(ia), 27, and 25 of the Hindu Marriage Act, 1955 for Dissolution of Marriage, Property Distribution, and Permanent Maintenance" seems appropriate and correct. The proposed prayers for the petition, including the dissolution of marriage, payment of costs, equitable distribution of matrimonial properties, award of permanent maintenance, and any other order that the court finds just and equitable, are also appropriate and cover the reliefs you are seeking. Please note that the jurisdiction for filing such a petition would depend on the place where the marriage was solemnized or where the parties last resided together. The relevant court would be the Family Court or the District Court, depending on the jurisdiction. I hope this guidance helps you in preparing your divorce petition. However, it is always advisable to consult with a local lawyer who can review your specific circumstances and provide personalized advice based on the laws and procedures applicable in your jurisdiction.

You can seek the reliefs you wanted to enforce through court in your current divorce petition itself.

Under section 27 of HMA, you may attach a list of articles you would desire to retrieve from the other spouse 

Thanks for guidance, kindly confirm through your teachers and please confirm me again. . . Please 

You re welcome for your appreciations. 

The law graudate has advised you properly hence don't tax her with more such issues namely confirmation. 

Yes, it is possible to include the requests for legal expenses, property rights, and permanent maintenance within the main divorce petition. In fact, it is generally recommended to include all of these requests in the main petition, rather than filing separate applications for each of them. This is because it is more efficient and cost-effective to have all of the issues in the divorce case resolved in a single proceeding. Additionally, filing separate applications can lead to confusion and delay.

The proposed title and prayers for the petition are appropriate and correct. The title clearly states the relief that the petitioner is seeking, and the prayers specifically enumerate the different types of relief that the petitioner is requesting.

Here is a more detailed breakdown of the proposed prayers:

Prayer (a): Dissolution of the marriage: This prayer is necessary to formally end the marriage between the petitioner and the respondent.

Prayer (b): Directive for the respondent to bear the costs of these proceedings: This prayer is typically granted if the petitioner is unable to afford the costs of the divorce proceedings.Example section 24 of Hindu marriage act 1955 deals with maintenance Pendente lite and Expenses of Proceedings. This section categorically mentions that where in any proceeding 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 of the husband, order the respondent to pay the petitioner the expenses of the proceeding such sum as, having regard to the petitioners own income and the income of the respondent, it may seem to the court to be reasonable.

Prayer (c): Order for equitable distribution of matrimonial properties: This prayer is used to divide the marital property between the petitioner and the respondent.

Prayer (d): Awarding of permanent maintenance to the petitioner: This prayer is used to provide financial support to the petitioner after the divorce.

Prayer (e): Any other order(s) that the court finds just and equitable: This prayer is a catch-all provision that allows the court to grant any other relief that it deems appropriate.

It is important to note that the court has discretion to grant or deny any of the relief requested in the petition. The court will consider all of the relevant factors, including the financial circumstances of the parties, the length of the marriage, and the conduct of the parties during the marriage.