Litigation expense in Divorce Case

Sir,, Better contest your maintenance case on merits, she will have to justify her demands before she could be granted ... Warm Regards Kapil Chandna Advocate 9899011450

She will demand even Taj Mahal but she is not going to get it. Flight tickets r not ordered from the court more over if she filed case in her home town stating that she is residing there then how can she claim travelling expenses? If u have her working proof in x city and both the cities r in same state then file transfer petition in High Court under section 24 of CPC. Litigation expenses will be allowed that will not be much.

Interim maintenance includes litigation expenses and her maintenance.If ordered to pay U can challenge the grant.Why do U think of perjury etc at this stage,u will only invite 498A .

You have no child, wife is not claiming maintenance but asking for 2L .

Is she asking for one time settlement , what is the amount ?? Is that 2L amount ??

If it is then negotiate and pay her and buy peace.

Dont waste your time Sir and move On !

 

 

She is not asking for one time settlement or interim maintenance as she is working.

 

She is asking for her Litigation expenses. But she is getting free legal aid under "Legal service Authorities Act, 1987". Also, at the time of filing her divorce petiton she mentioned that she was residing in her hometown.

 

So, the question is how can she now claim for her travelling expenses by air (2 Lakhs) ? Is there such a law?

 

The trial has not yet started but she has attended 2-3 court dates till now.

As she is availing the services of LSA,the court would be very much aware of it.Hence U need not bother of her claiming legal expenses,U can always counter it.No court will ask the respondent to pay travel expenses for the petitioner/complainant.

Akhil, you said "i never filed the case as I never wanted a divorce"

Your wife needs the money (2L) and it seems to be her motivating factor to give you a divorce. 

 

If you still want to reconcile pls explore all possibilities with help of mediation before things get more complicated. Your wife though may appear unjustified in claiming 2L Rupees but i feel she is reasonably better than many other women who claim for Crores without any base/ justification. 

 

Even if court rejects her Litigation expense claim she can delay the matter or file other false cases to harass you. Pls get help of mediation and close the chapter ( either reconcile/ Settlement) without wasting much time or else you will roam around the courts for 2-6yrs.

 

 

 

Her very petition seeking litigation expenses for travelling to the place of court from her current place of residence is a proof that she has intentionally filed the case at her home town only to harass you.

This fact may be highlighted during argument on that petition stating that there was no necessity to file the present case at her home town when she is not capable of travelling to and fro to that place from her residence, because this case has been filed by her and not you. 

You can make strong and srious objection to this on this point besides other merits in the case claiming litigation expenses. 

If the trial court is not inclined to listen to you, then you may prefer a revision before high court and get the lower court's order set aside. You may not required to deposit any amount so ordered while preferring the revision until and unless ordered by high court. 

Thanks everyone for your response. Good to know that it can be challenged at the High Court!

 

Is there any duration for filing that revision petition?

 

I checked with my lawyer and found that they will not apply under HMA Sec 24, but on a plain paper on the next hearing asking me to deposit the amount with the court for their interim expenses.

 

 

It is 60 days time within which you can file a revision petition before high court;

She can file a petition under section 24  for interim maintenance as well as litigation, whereas you have to put forth your arguments denying her allegations as well as unjustified demands and amount sought for. 

The court will decide the case on merits. 

For more precise information you can once again go through my previous reply.