The Karnataka High court directs a husband to pay Rs. 25,000 towards litigation expenses of the opposing party, his wife for marriage dissolution proceedings.
This particular decision is upheld by the Karnataka High Court through the learned bench led by JUSTICE S G PANDIT in the case of Pooja S V. Abhishek Shetty (WP no. 24220/2021)
Facts: The husband respondent filed a petition under 13(1) (i) & (ia) of the Hindu Marriage Act, 1955 seeking the dissolution of marriage. The wife also filed an application under section 24 o4 of the Hindu Marriage Act, claiming litigation expenses of Rs. 75,000 towards engaging an advocate and contesting the proceedings.
The trial court rejected the application and directed them to approach the DLSA for legal assistance as there is no provision for the respondent-husband to pay for the litigation expenses for the opposing party.
The couple approached the high court, the respondent-husband for the expeditious disposal of the petitioner.
Judgement: The learned bench observed that the husband was the only earning member in the family, earning a total of Rs. 80,000 per month. The petitioner-wife on the other hand does not have any earning position and is left to being a homemaker and taking care of the two children that the couple conceived during their undisputed marriage period.
The bench opined that, due to the specific circumstances of the case, there is an inherent liability on the respondent-husband towards the expenses of his wife including litigation expenses. However, the bench did not agree with the amount of Rs. 75,000, it deemed proper and appropriate to direct the respondent-husband to pay Rs. 25,000 towards the litigation expenses of the petitioner-wife.
Judgement reviewed by Adithya Prasad