• Divorce

My wife has filed her reply as "to dismiss the case with exemplary cost and pass suitable orders thus to render justice". What does it mean, if she goes on refusing to give divorce then what can I do? I am a lonely man with no family support and a diabetic patient, please advise.
Asked 3 years ago in Family Law from Chengalpattu, Tamil Nadu
Religion: Hindu
Proof should be in the form of any documentary evidence or has to be a person who has witnessed such an act. Mere mention does not constitute as proof.

You would have to mention in more detail for providing legal advice.
Feroz A. Shaikh
Advocate, Mumbai
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nothing left to add
Nadeem Qureshi
Advocate, New Delhi
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your wife wants you to pay for costs of litigation . for having filed false and bogus case of divorce hence she wanst exemplary costs 

Satpal Singh v. Union of India, AIR 2010 SC 1138.i n a recent decision the Supreme Court has laid down the principles for the grant of exemplary costs by the courts

Exemplary costs are levied where a claim is found to be false or vexatious or where a party is found to be guilty of misrepresentation, fraud or suppression of facts. In the absence of any such finding, it will be improper to punish a litigant with exemplary costs. When the appellate court did not choose to levy any costs while dismissing the appeal filed by the petitioner after nine years of pendency with interim stay, the High Court, while dismissing the writ petition at preliminary hearing, ought not to have levied exemplary costs with reference to the period of pendency before the Appellate Court. We do not find any ground on which the exemplary costs of Rs.50,000/- could be sustained. Levy of exemplary costs on ordinary litigants, as punishment for merely for approaching courts and securing an interim order, when there was no fraud, misrepresentation or suppression is unwarranted. In fact, it will be bad precedent.
5. Even if any costs are to be levied on a petitioner, for any default or delaying tactics, where the respondents have entered appearance, costs should be ordered to be paid to the respondents, who were the affected parties on account of the litigation. There is no justification for levying costs of Rs.50,000/- on the petitioner payable to the High Court Legal Service Committee. There is also no justification for directing the state government to act as the collecting agent for the costs payable to the Legal Services Committee. Directing a government servant, an ordinary employee, to pay Rs. 50,000/- as costs within one month and further directing the use of coercive process for recovery of costs as arrears of land revenue was unwarranted. The levy of such exemplary costs in favour of the High Court Legal Services Committee, is not a healthy practice.
6. The costs may be justifiably made payable to the High Court Legal Services Committee or other Legal Services Authorities, where before the other side is served or represented, the court wants to penalise a petitioner for lapses/omissions/delays, as for example, where the petitioner fails to pay the process fee for service of respondents, or fails to cure defects or comply with office objections, or where there is delay in refiling of petitions. Once the other side is represented, the costs levied by reason of any attempt by a party to delay the proceedings, should normally be for the benefit of the other party who has suffered due to such conduct. Only where both the parties are at fault, costs may be ordered to be paid to Legal Services Authority. At all events, the power to levy exemplary costs, it is needless to say, should be used sparingly to advance justice. It should not be threatening and oppressive.


if wife refuses divorce case will on for couple of years . you have to fight it on merits
Ajay Sethi
Advocate, Mumbai
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mere diabtes is no grounds for divorce . you filed for divorce on grounds of mental cruelty as your wife has filed false complaint against you for being in relation ship with another girl . since you are relying upon complaint filed by your wife wont create problems .
Ajay Sethi
Advocate, Mumbai
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she has to give evidence that you were not involved in any relationship as falsely alleged by your wife in police complaint . you hvae to convince your girl friend to be a witness in your case
Ajay Sethi
Advocate, Mumbai
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court may at best dismiss your divorce petition . court cant force you to stay with your wife . contact a local lawyer
Ajay Sethi
Advocate, Mumbai
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if your girl friend  refuses to be a witness then your case will fall flat . it is your case that you were not in relation ship with your girl friend and  that allegations are false .that your wife had filed bogus complaint . it forms basis of your divorce petition .
Ajay Sethi
Advocate, Mumbai
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Nothing left to add.
Ashish Davessar
Advocate, Jaipur
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