If you are involved in an annulment case involving alleged infidelity and property damage, and are wondering whether litigation costs can genuinely be sought from an older spouse in this specific context, understanding your available options is important.

The specific provision genuinely relevant to seeking litigation expenses is Section 24 of the Hindu Marriage Act, 1955, which specifically allows either party to matrimonial proceedings, including annulment petitions under Sections 11 and 12, to seek interim maintenance and the necessary expenses of the proceeding, where they do not have sufficient independent income to support themselves and to properly bear these litigation costs.

Given this, it is worth understanding that the specific age of your spouse, whether older or otherwise, is not itself the determining factor regarding whether litigation costs can properly be sought from them, since this provision focuses specifically on the respective financial circumstances of the parties, meaning an older spouse with genuine financial means remains equally subject to this potential obligation as a younger spouse would be, provided the other statutory requirements are properly satisfied.

To properly pursue this specific relief, you would need to establish that you genuinely lack sufficient independent income to properly bear the costs of this litigation, and that your spouse, regardless of their age, possesses adequate financial capacity to provide this specific support, since courts examine the respective financial circumstances of both parties rather than applying any specific age-based presumption in either direction.

If your spouse's age is genuinely relevant to their specific financial circumstances, such as if they are retired and living primarily on limited pension income, or, alternatively, if their age is connected to substantial accumulated assets or wealth, it is worth ensuring your advocate properly presents this specific context as part of establishing their genuine financial capacity, since this age-related context can be relevant to properly understanding their overall financial picture, without itself being the determinative factor.

If the alleged infidelity and property damage you have raised are specifically connected to your grounds for annulment, it is worth understanding these specific allegations remain relevant primarily to establishing your substantive ground for annulment itself, such as fraud under Section 12(1)(c) if the infidelity or property damage connects to a material concealment, rather than directly determining your entitlement to litigation costs, which is assessed separately based on the specific financial capacity considerations discussed above.

If the property damage you have alleged has caused you specific financial hardship, it is worth ensuring this specific circumstance is properly documented and presented as part of establishing your own genuine need for litigation expense support, since demonstrated financial hardship connected to the underlying dispute strengthens your case for this specific relief.

If your spouse contests your claim for litigation costs, arguing they similarly lack sufficient means, it is worth understanding the court will properly examine both parties' actual financial circumstances through appropriate disclosure, similar to the comprehensive financial transparency principles discussed extensively throughout this broader context, to reach a fair determination regarding whether this specific relief is genuinely warranted.

Given how genuinely important it is to properly establish both your own financial need and your spouse's capacity, regardless of their specific age, it is essential to consult an experienced family law advocate to properly pursue this specific relief within your annulment proceedings. You can reach out via Aapka Legal Advice for guidance on properly seeking litigation costs from your spouse given your specific annulment case.

You can review Top Divorce Lawyers in India | Aapka Legal Advice for relevant experience handling annulment proceedings and litigation expense claims.

Many people find real value in obtaining an independent, experienced perspective from the panel of retired judges available through certain legal consultation platforms.

If formal legal representation is required, engaging an experienced advocate will ensure your litigation costs claim is properly and effectively presented.

In summary, yes, litigation costs can genuinely be sought from a spouse, regardless of their age, in an annulment case, since Section 24 of the Hindu Marriage Act, 1955 focuses specifically on the respective financial circumstances of the parties rather than any age-based consideration, meaning you would need to properly establish your own genuine lack of sufficient independent income alongside your spouse's actual financial capacity to bear these litigation expenses.