I have filed a divorce petition and wife has challenged the maintain ability of the petition saying I have prayed for relief under both sections and she says these two are contradictory. I have already given my objections to it clearly giving citations of Bombay high court and Delhi courts. So judge posted dates for arguments. Wife also have given another affidavit claiming legal expenses to the tune of 60,000 rupees.
Today , wife came with the lawyers deputy and judge said you can give evidence also after arguing under sections 5 and 6. The deputy said that she wants to argue for the legal fees on the next date. Ok fine let her argue about anything.
what I really do not understand is when she has challenged the maintain ability of the divorce petition, is she not supposed to argue about the maintain ability and if the court finds it maintainable then only is she supposed to argue for the legal fees?
My position is - wife wrecked havoc in my family's life once I filed for divorce. Circumstances have forced me out of my earlier job ( after her 498a) and I am working for a monthly pay packet of 15,000/- since the last one and a half years and the DV court has ordered me to pay a monthly maintenance of 3000/-. Will this court again ask me to cough up additional sums? She is a post graduate sitting simply at home or she says so. She writes in affidavits that she is penniless and her father is a pauper. Are the free legal services meant for people like these or simply they want the husband only to pay for their lawyers?
After all her false allegations and shaming spree of my family and me among our friends and relatives we are just pulling on with our lives if I can say so. Can I put a counter that she can avail of the free legal services ? Will the court or judge feel offended? Kindly enlighten? As always turning to this forum for help and expert advise.
