The Karnataka High Court recently directed a husband to pay Rs 25,000 as litigation expenses to his wife so that she could engage an advocate and contest the proceedings filed by him seeking dissolution of marriage.

The couple got married on 26th December,2011, and have two children from the marriage. The husband respondent filed a petition under 13(1) (i) and (ia) of the Act seeking dissolution of marriage. In the said proceedings the wife filed an application under Section 24 of the Hindu Marriage Act, claiming litigation expenses of Rs.75,000, to engage the advocate and to contest the proceedings.

The trial court rejected the application holding that it is for the petitioner-wife to approach District Legal Service Authority for legal assistance and there is no provision to direct the respondent-Husband to pay litigation expenses.

Following this, the wife approached the high court and the husband approached the court seeking expeditious disposal of the petitioner. It was submitted on behalf of the wife that the respondent-Husband is working as Head of Human Resources and receiving a salary of more than Rs.80,000, per month. The petitioner-wife has no income of her own and it is submitted that the petitioner wife is looking after two children. In the above circumstances, the respondent-Husband is liable to pay some amount towards litigation expenses.

The bench of Justice S G Pandit considered the submissions and said, “The amount which is sought for by the petitioner-Wife i.e., Rs.75,000/- as litigation expenses are on the higher side. I deem it proper and appropriate to direct respondent-Husband to pay a sum of Rs.25,000 towards litigation expenses to the petitioner-wife.”

Further, the court directed the parties to cooperate with the trial Court for the early disposal of the case. The trial court was directed to dispose of the plea filed by the husband seeking dissolution of marriage in an expeditious manner.

Case Title: POOJA S v ABHISHEK SHETTY

Case No: WRIT PETITION NO.24220 OF 2021