Wife claims demage and expenses in divorce petition
Dipak
(Querist) 22 June 2014
This query is : Resolved
Earlier the contested divorce petition filed by petitioner wife. Then, it was converted from sec.13(1)(ia) to mutual consent divorce u/s.13B of Hindu marriage act. After that, husband withdrew his consent from the petition of mutual consent divorce as he wants to sustain their marriage life and family court disposed the divorce petition.
Now, wife again filed fresh divorce petition u/s.13(1)(ia) of Hindu marriage petition in family court.Including this in the same petition, she has also requested to court for granting order of claim of Rs. 50000 from husband (a) for the act of all mental cruelty done by husband (means act of husband for withdrawal of consent from mutual consent divorce petition and for her unproved allegations of cruelty in divorce petition), (b) for the expenses of earlier divorce case and (c) for the expenses of current divorce case.
Que: This petition is divorce petition and under Hindu Marriage Act. Can she claim such type of expenses and damages in the same divorce petition on above mentioned reasons? If ‘yes’ then kindly know me under which sections or provisions these laws are applicable in this matter?
Devajyoti Barman
(Expert) 22 June 2014
As long as the earlier suit is pending the subsequent suit for divorce can not be maintained.
She can claim for alimony and current litigation cost only, not the previous one.
Dipak
(Querist) 22 June 2014
@Barman Sir,
The earlier suite is not pending.The earlier petition was disposed by family court due to withdrawal of consent in MCD by husband as mentioned in main query.
Q:Can she claim current litigation cost in same divorce petition or she has to file other application for litigation cost?
Devajyoti Barman
(Expert) 22 June 2014
in the same divorce suit she can claim for litigation cost, no separate IA is needed.
Dipak
(Querist) 22 June 2014
Thank you Barman sir for your reply...
but, I still confuse about my query such that: Can she claim amount from husband for the act of withdrawal of consent in earlier MCD petiton (As wife has mentioned in current divorce petition that she has treated with mental cruelty by the act of withdrawal of consent in earlier MCD petition by husband)?
Rajendra K Goyal
(Expert) 22 June 2014
Agree with the expert Devajyoti Barman ji.
T. Kalaiselvan, Advocate
(Expert) 26 June 2014
You have been very clearly answered that she cannot claim damages for previous suit in the present suit, she can file a separate suit for damages alone under the provisions of CPC if at all she intends to seek the costs for mental agony due to withdrawal of previous suit by her husband.
V R SHROFF
(Expert) 24 July 2014
clearly answered by experts
