Divorce case between my mother and father and from one court bind my m

833 votes

Based on your query, it appears that maintenance/expenses awarded in favour of your mother in another court have not yet attained finality or been formally executed/binding on the parties. Until an order becomes final — either because the limitation period for appeal has not expired, or because an appeal/revision is pending before a higher court — it generally does not operate as a binding, enforceable decree in other proceedings, though it can still be relied upon as evidence of an existing claim or admission. It's important to disclose the pendency of such proceedings to the court currently hearing your matter, since concealment can prejudice your case and invite allegations of suppression of material facts. You should obtain certified copies of the orders passed so far, along with the current status (whether stayed, under appeal, or awaiting execution), and place them on record. If the other proceeding involves maintenance under Section 125 CrPC (now Section 144 BNSS) or under the Hindu Adoption and Maintenance Act, the same amount cannot ordinarily be claimed twice, and courts usually adjust for any amount already being paid. I would strongly recommend engaging a local family law advocate to review the certified copies of both matters and advise on the correct procedural strategy, including whether an application for stay, transfer, or consolidation of proceedings would be appropriate in your specific facts.

Advocate Neha Gupta LawRato

837 votes

Thank you for your query. If the Court has not yet passed an order regarding your mother's litigation expenses (interim maintenance/litigation expenses), we can bring this to the Court's attention and request an early hearing on the pending application. If the application has been pending for an unreasonable period, we may also pray for its expeditious disposal. Please share the following details: 1. Which Court is the matter pending before? 2. Under which Act/Section has the case been filed? 3. On which date was the application for litigation expenses filed? 4. What is the next date of hearing? After reviewing these details, I can advise you on the most appropriate legal course of action and the steps to ensure that your mother's application is decided at the earliest.

Advocate Anmol Sharma LawRato

948 votes

If your mother has not yet been awarded litigation expenses in another court, that alone does not automatically affect your divorce case. If an application for litigation expenses is already pending, she should pursue it before the concerned court. If no application has been filed, she can seek litigation expenses under the applicable provisions by showing her financial need. Please share the details of the pending case, the court, and whether any application has already been filed for more specific legal guidance.

Advocate Usha Gehlot LawRato

519 votes

okay if any such matter is there, kindly tell me all the details. After knowing only , I ll let u know. you can call me or you can whatsapp. All the details provided by the team. Darshna Singhal advocate and associate. contact me now .

Advocate Darshna Singhal LawRato

832 votes

hello main advocate Suman khatkad Maine aapki detail Dekhi usko acche se samjha hai lekin fir bhi aap Agar Apne document Hamen bhejenge to aur Jyada Jankari Milegi aur Ham Aapke help kar Payenge aap apne document bheje aap Hamen contact kar sakte hain kar sakte hain Gmail per ya direct call bhi kar sakte hain

Advocate Suman Khatkar LawRato