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Showing contexts for: only litigation expenses in Bimla Devi vs Shamsher Singh on 28 August, 2015Matching Fragments
8. The petitioner was married to the respondent in the year 1981 and a daughter was born out of the wedlock after two years i.e. 1983. The daughter of the petitioner and the respondent was married in the year 2001. The relationship between the petitioner and the respondent started deteriorating thereafter and in the year 2003 the respondent started living separately from the petitioner. The petitioner (wife) alleged illicit relationship of the respondent with whom he intended to marry.
9. Under such circumstances when the respondent completely abandoned his responsibilities as a husband, the petitioner preferred an application on 13.7.2004 for maintenance under Section 125 Cr.P.C. seeking maintenance of Rs.15,000/- per month and Rs.11,000/- as lump sum litigation expenses.
10. The learned Family Court by judgment dated 15.10.2012 awarded the maintenance @Rs.10,000/- per month from the date of the judgment i.e.15.10.2012. The prayer with respect to awarding the litigation expenses was specifically refused on the ground that the petitioner could have had recourse to free legal aid as per the provisions of Delhi legal aid services.
11. During the pendency of the aforesaid application for maintenance preferred by the petitioner, the learned Family Court vide order dated 16.2.2005 had directed for payment of interim maintenance of Rs.1,000/- from the date of filing of the petition. It has been submitted on behalf of the respondent that in an application under Section 24 of the Hindu Marriage Act, 1955 the petitioner (respondent in the divorce petition) was granted an alimony pendente lite @ Rs.2,000/- per month from the date of application and litigation expenses to the tune of Rs.1,000/-.
12. The learned District Judge, Jind, Haryana who passed the aforesaid order on 14.1.2006 clarified that if the petitioner (wife) would get any maintenance under Section 125 Cr.P.C., that shall be adjusted towards the maintenance pendente lite granted by the Court.
13. The respondent had challenged the order of dismissal of divorce petition by way of an appeal before the High Court of Punjab and Haryana (FAO No.M-93/2007). In the aforesaid appeal, the petitioner filed an application for grant of maintenance and litigation expenses. The petitioner was awarded maintenance pendente lite @ Rs.5,000/- per month. In the aforesaid order of the Punjab and Haryana High Court it was made clear that whatever payment has been made under Section 125 Cr.P.C. would be deducted out of the said maintenance pendente lite directed by the High Court.
30. The daughter born out of the wedlock of the petitioner and the respondent has also been married. The Family Court, in its wisdom, has also refused to accede to the prayer of the petitioner for grant of litigation expenses. The Family Court, therefore, was conscious of the fact that the petitioner was not left completely high and dry and was not on the brink of vagrancy. The delay of eight years in disposal of the application under Section 125 of the Cr.P.C. cannot solely be attributed to the respondent.