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Litigation charges

Guest (Querist) 09 December 2011 This query is : Resolved 
my husband has applied for divorce. and afterthat i filed rcr, dv. i m earning more than him.. i m in IT industry. cause f the court proceedings i m wastin all my money. lost all my savings which iwas using for my parent's hospitl charges. (thy are sugar patients, need dislysis every month )
1. is t possiible to apply for litigation charges?
2. if so, how to include the details?

Raj Kumar Makkad (Expert) 09 December 2011
You cannot apply for the litigation charges or the maintenance in the given facts. One may approach for his legal rights to court wherein other party is involved. Had the other party provided his legal right, the party first approaching the court would not have come to court so according to your views, is the second party not liable to pay first party?

Raj Kumar Makkad (Expert) 09 December 2011
You cannot apply for the litigation charges or the maintenance in the given facts. One may approach for his legal rights to court wherein other party is involved. Had the other party provided his legal right, the party first approaching the court would not have come to court so according to your views, is the second party not liable to pay first party?


It is better for you to confine to your already filed cases.
Nadeem Qureshi (Expert) 09 December 2011
Mr. Makkad is right
Guest (Querist) 09 December 2011
makkad- i cant understand ur statement..
wat i understood s i cant apply fr litigation.. so now what to do?
Devajyoti Barman (Expert) 09 December 2011
If it is found or proved that you have lesser disposable income than your husband especially in the context of your ailing your parents you can pray for alimony and litigation cost .
Raj Kumar Makkad (Expert) 09 December 2011
As you are already getting more salary than your husband so you are not entitled for the grant of any maintenance.

So far as litigation expenses are concerned, those can also not be claimed by you merely on this ground that your husband has brought you in the court because your husband may also argue that his rights were not adhered to by you so you are liable to bear the expenses of court litigation even for your husband.
Shonee Kapoor (Expert) 09 December 2011
Litigation charges can be applied by a person who has no means.

When you have means, where is the question of you getting litigation expenses.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com
Sailesh Kumar Shah (Expert) 09 December 2011
Agree with detailed opinion of Mr.Makkad.
prabhakar singh (Expert) 09 December 2011
I too agree with Mr.Makkad.


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