Legal Question in Family Law in India
Divorce and Maintainance
I filed a case U/S 498A in my
native state at WestBengal. My husband filed a divorce case against me at his place at Delhi. So I filed a mainainance case u/s 125 at my native place at WestBengal , which is now waiting for hearing.
Now , can I able to file a case u/s 24 for litigation charges
at the same court of westbengal or I have to go Delhi where my husbands divorce case is pending , to file the case u/s 24 ?
Here cases are filed in two different state and litigation charges u/s 24 are -- one for maintainance case at westbengal
another for divorce case at Delhi . Please clarify .
12 Answers from Attorneys
Re: Divorce and Maintainance
Your divorce case being in delhi you have to file application for litigation charges in delhi or file transfer petition in SC for transferring divorce case from Delhi to West Bengal
Re: Divorce and Maintainance
Yes it is possible to get the case transferred by making a petition in the Hon'ble Supreme Court.
Re: Divorce and Maintainance
You must get Delhi case transferred to W.Bengal by making a petition to the Supreme Court. It is possible.
Re: Divorce and Maintainance
Sec 24 case may be filed in the same court which will be hearing the Divorce petition.
Re: Divorce and Maintainance
Sec 24 case may be filed in the same court which will be hearing the Divorce petition.
Re: Divorce and Maintainance
You can file a petition for your litigation charges U/s 24 and you also can file transfer petition before Hon'ble Supreme Court to transfer your Divorce Petition from Delhi to W. Bengal
M.P. Sanjay
Re: Divorce and Maintainance
Yes,you can file application u/s.24 of HMAct in divorce case.
Re: Divorce and Maintainance
The application for litigation charges u/s 24 has to be filed in the main divorce case only, and not independently at WB.
You can however file petition in SC to trafer all cases pending in another court to WB.
Re: Divorce and Maintainance
You should seek transfer of your Delhi case to WB courts by approaching the Supreme Court of India by way of a Transfer Petition;
If your TP is allowed, you shall be able to claim litigation expenses as also maintenance from WB courts.
if you do not file TP or if your TP is not allowed, then you will be required to claim mainteance u/s 24 from the Delhi court.
Re: Divorce and Maintainance
You should seek transfer of your Delhi case to WB courts by approaching the Supreme Court of India by way of a Transfer Petition;
If your TP is allowed, you shall be able to claim litigation expenses as also maintenance from WB courts.
if you do not file TP or if your TP is not allowed, then you will be required to claim mainteance u/s 24 from the Delhi court.
Re: Divorce and Maintainance
You should seek transfer of your Delhi case to WB courts by approaching the Supreme Court of India by way of a Transfer Petition;
If your TP is allowed, you shall be able to claim litigation expenses as also maintenance from WB courts.
if you do not file TP or if your TP is not allowed, then you will be required to claim mainteance u/s 24 from the Delhi court.
Re: Divorce and Maintainance
you can seek for transfer of the divorce case also to west bengal
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
