married as a minor,wife 5 years older than me, asked to pay litigation

989 votes

If your wife is earning more than you , then you need not pay for the litigation. When you were minor you got married then you could very well repudiate the marriage. Further Your advocate could guide you in this regard seeing the facts of the case

Advocate Ashutosh Kumar Mishra LawRato

942 votes

If the behaviour of your partner is intolerable towards you can anytime send a complaint regarding your grievances in writing to the police station according to your jurisdiction. And if you wish to go legal and if there's no scope of living together then rather stretching the relationship you should file for contested divorce under the ground of cruelty. I would suggest you to go with mutual divorce because it's cost effective and ends up in a maximum of six months.

Advocate Jitender Singh LawRato

528 votes

The grant of litigation expenses or interim maintenance is not automatic. If you are genuinely a student, unemployed, and financially dependent on your parents, you should place all relevant documents before the court, such as proof of education, bank statements, income affidavit, and any material showing the financial difficulties of your family. You may request the court to reconsider, reduce, defer, or waive the amount based on your inability to pay. As regards alimony, the court considers the income, earning capacity, assets, and financial status of both parties. If your wife is educated, previously employed, and capable of maintaining herself, that is a relevant factor for the court's consideration. However, each case is decided on its own facts, and there is no automatic rule that you must pay permanent alimony. You should consult your advocate and file a detailed affidavit disclosing your financial condition and your wife's earning qualifications and past employment, so that the court can make an informed decision. Note: The outcome will depend on the specific facts, evidence, and the orders already passed by the court. If you share the court order directing payment of litigation expenses, I can help prepare a more precise legal response.

Advocate Prasanna Mohan LawRato

589 votes

Under HMA Section 24, both parties must disclose their true financial standings, you can take the following steps Since she is employed before marriage, provide your counsel with evidence of her bank statement, Income Tax Return (ITR) or offer letter. Court generally do not award litigation expenses to wife with sufficient income You and your family must transparently file your detailed financial disclosure (e.g. Affidavit of Asset and Liabilities) Since your parents business bis also shut down, provide financial documents and ITR'S to prove you have zero personal income and cannot pay. Request your counsel to explore mediation route, which can sometimes results in manually agreeable terms and waive off complex maintenance band litigation cost. Under Section 25 HMA the court has the discretion to grant permanent alimony but it is not automatic Because she is qualified and previously earning, court may not grant her alimony, if you can prove she is capable of maintaining herself If you can provide concrete evidence in court regarding her infidelity and destruction bog your property, you can use her conduct as a major defense to argue against permanent alimony

Advocate Harsh Rathore LawRato

886 votes

Since you were 18 at marriage, annulment grounds may exist. File proof of your financial hardship and seek reduction/waiver of litigation costs. Alimony depends on both parties' income and facts as per the concerned provisions of law

Advocate Pankaj Bajaj LawRato