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Could you please share any judgement of family court or high
13-Jul-2025 (In Divorce Law)
Could you please share any judgement of family court or high court for reference with application for exemption of litigation cost
Yes, parties with financial hardship can seek exemption from litigation costs under Order 33 CPC (for civil matters including divorce proceedings). In Union of India vs. Khader International Constructions, (2001) 5 SCC 22, the Supreme Court held that even in writ or other proceedings, indigent litigants should not be denied access to justice due to inability to pay court fees. Family courts also consider such applications sympathetically, especially where the applicant is a woman without independent income. Kindly move an application with proper affidavit showing income proof or lack thereof.
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Adv. Adarsh Kumar
Adv. Adarsh Kumar
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Adv. Anuj Goel
Adv. Anuj Goel
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There is no such judgement as to using which you will be exempted from the litigation cost .
However, in case you don't have a lawyer for representing you in the court of law and need a lawyer you can request in the particular court for help in this regard and get a Legal Aid lawyer subject to satisfaction of your eligibility as per the conditions of Legal aid .
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Adv. Anshul Dutt
Adv. Anshul Dutt
Delhi | 25+ Answers
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litigation cost in matrimonial disputes can't be exempted as per ruling of Hon'ble Delhi High Court and various other High courts.
Husband has to pay a litigation cost of Rs. 11000/- to the wife before family court.
section 24 of HMA empowers the court to grant litigation expenses.
section 24 protects the dignity of women as women should not be compelled to incur
unnecessary expenditure and face hardship.
Partha Sakha Maity v. Bijali Maity judgement of calcutta High court
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Adv. Aarti Singh
Adv. Aarti Singh
Delhi | 25+ Answers
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Litigation cost you have to pay if you are husband and your wife is nither earning nor eligible for earning. Still, there are many judgements of Hon’ble Supreme Court as well as different HCs. But the judgement depends upon the facts of the case not all judgement will be applicable in your case.
You can only use the judgement whose facts are similar to your case, otherwise court with dismiss your application.
I hope you got my point
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Adv. Manmeet Verma
Adv. Manmeet Verma
Delhi | 25+ Answers
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