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. 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?
