I m husband and fighting a case against wife under DV act. Court inposed 2 costs on wife for delay amounting to 1000₹ & 500₹. They were not giving cost and its been more than 4 months now. The wife witness and cross is completed. Husband cross is remaining and we have filed one application along with case no CRP No. 6 of 2006 Manohar Singh v. D.S Sharma & Ors. Of delhi high court and demanded that untill we are paid the cost we will not proceed with cross as its our right to get the cost. The arguments on this application is completed in which wife advocate refused ro pay and orally said that giving cost is not mamdatory in CPC. He also said that there is other laws in which we can demand cost but we cannot stop proceedings. Judge asked us why we dont want to proceed and we told court that we have given the ruling and the case cannot proceed untill we are paid. Now my question is 1. Are we not under our right to demand the cost? 2. Is the opposite party oral submission correct? 3. Can court inpose cost on us because we have said no to proceed in cross? 4. Whats the use of imposing cost if its not paid ? Will this non payment not lower the capability of court order ?? 5. What can be the expeted outcome on this argument as the court have reserved its order. Plz note that opposite party have only done oral submission.
Well, since the amount of cost is very minimum it is better not to stall the proceeding tll it is paid.
Unless there is any preemptory direction like payment of cost first before further proceeding, the court does not stop the proceeding till its payment.
1) you are entitled to demand costs
2) their submission is not correct
3) you should proceed with cross
4) non payment of costs is defiance of court orders
5) court would grant wife time to pay costs
1. If the court has imposed any condition for allowing any application then it is the duty of the petitioner to comply with the court order failing which the court may dismiss the petition in question for disobedience of court order.
2. you can object to it stating that the petitioner did not comply with the court order hence they are not entitled to the relief granted by court
3. No, if the court still is proceeding to impose costs on you then you can file a revision petition before high court to get the orders set aside.
4. This is disobedience of court order.
5. You may wait and watch the developments.
1. Yes, it is the duty of the judicial officer to direct the opposite party to pay the imposed cost without any further delay.
- Otherwise , the Court has discretion to increase the cost amount , and finally to close the opportunity of evidence as well.
2. Yes, opposite party can argue the matter orally , but his submission is not correct.
3. No,
4. Since, the Court has imposed cost , then it is the duty to direct the opposite party to comply the order of the court
5. Depend upon the discretion of the Court.
Dear Client,
You have the right to seek the costs the court met out to your wife for the delay in the proceedings which the court is entitled to impose under Section 35 of the CPC so as to minimize delays and avoid hinderance of judicial processes. To my understanding, the oral submission made by your wife’s advocate suggesting that payment of costs is not compulsory is wrong; once the costs have been ordered the parties are legally entitled to pay. The court cannot punish the refusing party for their refusal to proceed with the cross-examination until the costs awarded by the court are paid, as you have the right to demand payment first. Imposing costs are done for compliance with the court orders and non-payment affects the authority of the court. The expected outcome of a reserved Order should be in your favour because the court will order your wife to honour the Order and pay the outstanding costs before the continuation of the proceedings. In general, you have solid grounds for insisting on following the court order concerning costs.
Hope this answer solves your problem.
