• Wife is seeking Lawyer fees ,travel and maintenance during divoce

Myself Rishabh.My wife had filed an FIR against me and my parents in July,2015 u/s 498A,323,504,506 and before that she had already filed a section 125 case for maintenance.
I approached High court with proofs for maintenance as well as for quashing of charge sheet.
HIGH Court stayed proceedings against my parents against 498A case and decided 5000/- Rs per months maintenance for her. I started paying the same from the order date.
I am looking to approach Allahabad high court again against charge sheet because all allegation are imaginary from her side and I have proofs of bank statement that I used to deposit money in her account every month through online transfer. Charge sheet filled by police 2 years back and still court case is in appearance mode at Moradabad because the opposite lawyer knows that they will get defeat if they move further in this case.
Now, From Ghaziabad I have filed divorce and after a year she has come to court and said that she has no money. She has demanded court to pay the lawyer fee ie: 5000rs and travel expense and 30000 for maintenance because she has no earning.
Please help me how to get rid of this situation smartly and i want to give her a strong reply.
Asked 7 years ago in Family Law
Religion: Hindu

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4 Answers

What are your wife qualifications.

2) is wife working or has worked in the past .

3) what is your income ?

4) court considers your income , wife income, standard of lifestyle while determining maintenance

5) draw attention of court to fact that wife is already being paid Rs 5000 as maintenance as per high court orders

6) claim for Rs 30000 appears to be exhorbitant

7) contact a local lawyer and file reply to maintenance application

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

1.There is no way to get out of legal tangles so easily.

2.Cases are filed ,so you have to defend /contest it merit wise.

3. If want to speed up the 498A case then file an application for speedy trial in high court which would direct the lower court to finish the trial in time short time.

4. If you cannot prove income of your wife you are liable forher maintenance as well litigation cost.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. A wife can claim litigation expenditure i.e maintenance pendente lite during the pendency of the proceedings under HMA, but you can contest her application on the ground that she is disqualified by her own conduct from claiming maintenance from you.

2. You need a strong lawyer to give a 'strong reply'.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She might have filed interim maintenance petition in the main divorce case, in which she has claimed litigation expenses and maintenance amount.

You can challenge the same by mentioning the maintenance amount you are already paying her and repudiate her claim.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

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