quesDivorce case at mediation stage. Can wife ask for Airfare from me?

I am a petitioner in a Divorce case in India upon the grounds of desertion.The case has moved to the stage of fixing mediation. Now the defendent ( wife) has claimed Airfare from Chennai to Delhi to attend the mediation.

 

Is it proper to claim Airfare from me as she hails from a business community and is financially sound. I am a salaried class person and not afford to reimburse her Airfare.

 

Under this context please guide as to whether I have to reimburse her Airfare or not.

 

  • ans 

    I understand that you have filed judicial separation under Section 10 Hindu Marriage Act

     

    Please check whether your wife has filed section 24 for expense till pending litigation or not, if yes then whether your advocate has argued on her petition under section 24 or not. 

     

    If she has not filed petition under section 24 then she has no right to ask for expenses and it is your choice as whether to give her the travel fare or not.

     

    Maintenance under section 125 is something different. This section is called permanent maintenance which can be filed for permanent expense even after divorce but if you both are ready for final settlement then there is no need of petition under section 125.

     

    Advise:- Do not talk in mediation, talk diplomaticaly in mediation. You should talk like you need the mediation but she does not want to come and on this basis take refer back to the regular court. Let her not come. You straight forward deny as you cannot provide Air Fair and you can only bear normal train ticket, then she will have to give reasons as to why does she need air fair. Is she doing any job which needs her to go back immediately? Why does she want to save time on traveling? This will come in records.

     

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