War of Maintenance: If you are able bodied, you have to pay even the litigation expenses to your wife [Read the Orer]

Husband has been directed to pay 50% of the litigation expenses of Rs. 11,000/- to the respondent on 10.05.2019 before the Trial Court and the balance 50% within one week thereafter.

May 13, 2019:

Delhi High Court has negated a challenge by husband who wanted to show that he was not working and therefore was unable to pay litigation expenses to his wife.

A bench of Justice Sanjeev Sachdeva has passed the order in the case titled as GAGANDEEP SINGH vs KULJEET KAUR on 07.05.2019.

Petitioner impugns order dated 08.03.2019, whereby, petitioner has been directed to pay litigation expenses of Rs.11,000/- to the respondent. Learned counsel for the petitioner submits that the petitioner is not doing any business and his business has been closed because of a notification by the Government and he is surviving with the help of other family members. Reliance is placed by the learned counsel for the petitioner on a Notification of the Government dated 14.08.2015 to contend that his e-rickshaw business has been stopped.

High Court observed "The Notification dated 14.08.2015 relied upon by learned counsel for the petitioner merely states that the petitioner was running an e-rickshaw business without obtaining a trade certificate. Petitioner has been directed to obtain a trade certificate. The Notification does not, in any manner, prevent the petitioner from doing the said business or any other business".

High Court also observed "The petitioner is an able bodied person and as such the contention of the learned counsel for the petitioner that petitioner is not doing any work and is dependent on other family members, is not believable".

Ultimately, the High Court dismissed the petition and directed "Petitioner is directed to pay 50% of the litigation expenses of Rs. 11,000/- to the respondent on 10.05.2019 before the Trial Court and the balance 50% within one week thereafter".

Read the Order here: