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how to claim legal expense once session court allow appeal


06-May-2026 (In Divorce Law)
i filed the appeal in session court against the interim order of DV case and session court set aside trial court order and allowed my appeal by stating that trial court has given the cryptic order and asked to decide fresh. In my appeal i prayed for the legal expense but session court did not mention anything on order for expense. Now how to claim legal expense of Rs 40000 that occurred for appeal.
Answers (5)

Answer #1
684 votes
file another application for review of the decision of the session court where in the session court satisfied the order of the trial court and ask to decide fresh in this review petition you can claim the rs 40000 that you spend on legal expenses
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Advocate Kunal Seth

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Answer #2
921 votes
File a criminal miscellaneous application or Interlocutory application to decide on the oversight of granting of legal exp. mentioned in original appeal. It is very highly unlikely to get relief from such applications but still try your luck.
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Advocate Kartik Bhardwaj

Adv. Kartik Bhardwaj

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Answer #3
504 votes
Since it is not mentioned it means court has refused to grant. Though you are within your right claim your legal expense provided your appeal order stating the case of applicant unsubstantial or facts on face of it are sufficient to conclude that no such offence has been committed.
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Advocate Harshit R Gupta

Adv. Harshit R Gupta

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Answer #4
966 votes
Since the Session Court has set aside the interim order of trial court, you can proceed with formal application under section 20 read with section 23 of Protection of Women from Domestic Violence Act, 2005 directly before the trial court to claim your expense.
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Advocate Harsh Rathore

Adv. Harsh Rathore

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Answer #5
513 votes
Since the appellate court allowed your appeal but did not award costs, you may move an application before the concerned court seeking litigation costs, supported by fee receipts and expenses. However, costs are discretionary and not automatically recoverable merely because the appeal succeeded.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

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