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sam munjal (na)     29 December 2013

Help

my wife lives in haryana she put case agianest me in haryana women cell i live in delhi i am thinking to put divorce case agianest here in delhi will i have to pay her lawyer expencies and interim maintenace if yes and if i dont pay what will happen please tell



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 3 Replies

Divya Jyoti Jaipuriar (Advocate/ 09868002365)     29 December 2013

Dear Akshay

You can certainly file the divorce case in Delhi Courts. In the issue of payment of litigation expenses and interim maintenance, you need not pay it unless she files an application for such payments and the Court allows her application. If the Court grants her prayer and asks you to pay litigation expenses and interim maintenance and you fail to pay the same, this may be a valid ground to dismiss your divorce application and the Court may send you to jail. Obviously, your wife has to make an application for recovery of litigation expenses and maintenance, if you do not pay it to her. Only deciding her application, the Court may take an appropriate decision. In my opinion, if the Court makes you pay your wife any amount, you should not disobey the order. If you are not happy with the decision of the order, you can always file an appeal in higher court, instead.

 

Please consult a lawyer with full details before taking any further action.

 

Divya Jyoti Jaipuriar, Adv.

T. Kalaiselvan, Advocate (Advocate)     29 December 2013

I think the above advise by Mr. Jaipuriar will be sufficient for the present to the author.

sam munjal (na)     29 December 2013

If she file dv act or 498.can she demand litigation expense. If yes and I don't pay for how much time I go to jail.

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