Divorce
2 years ago
What is the procedure for getting divorce and how can one get divorce if she can't afford a lawyer?
A.Dear Sir,
There are legal aid centers within the premises of Family Courts and she may get free advocate as follows:
State Legal Services Authority
105, High court (PWD) Building, Fort, Mumbai - 400 032.
Tel.: 022-22691395 / 2263 1358
Maharashtra govt increases income criteria for free legal aid
Now, people whose annual income is up to Rs72,000 will be eligible for free legal aid. The move by the state government to increase the annual income of individuals from Rs50,000 to Rs72,000 is in a bid to reach out to more citizens in need of free legal aid.
A Government Resolution issued by the Law and Judiciary Department on October 30, a copy of which is available with dna, states that the proposal to increase the annual income criteria was pending before the government. That proposal was approved after receiving a go-ahead from the finance department.
The change will come in effect by making amendments in section 16 of the Maharashtra State Legal Aid Service Rules, 1998. As per statistics available in the years 2010-2011, a total of 5,255 applications were received, in 2012-13 there were 6,529. The total beneficiaries in the corresponding periods were 14,985 and 6,602. Matrimonial matters consume most of the legal aid services followed by under-trial prisoners and property disputes among relatives.
SB Bahalkar, deputy secretary, Maharashtra State Legal Aid Services Authority (MSLASA) said, “The move is commendable and it will help more needy persons who are unable to fight their cases properly because they cannot afford private lawyers.”
The eligibility criteria is not applicable to women and children of all castes and religions, members of the Scheduled Caste and Scheduled Tribes. As of now there are around 250 advocates associates on the legal aid panel across the Bombay High court and lower judiciary in Mumbai.
In the high court, an advocate on the panel gets around Rs2,100 as fees and actuals of other expenses. The amount is less in the lower judiciary as compared to what private lawyers make on an average.
Rate me Five Star*
RAJARSHI BOSE
Responded 2 years ago
And if can't afford a lawyer then should approach to Legal Aid for the assistance.
Thanks.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
While the fee for filing a divorce petition is Rs. 250/-, the main cost for a contested divorce is the fee of the advocate. Since contested divorce often involves quite complicated issues, it takes a long time, usually a number of years to get resolved. An experienced lawyer can charge anywhere between Rs. 3000-Rs. 7000 for a single appearance. If you cannot afford one, then you can proceed with the judge's motion instead.
If you find the answer helpful then kindly rate me.
A.Hi,
You can file for a divorce petition before the court. After filing the petition, the parties must record their statement in front of a judge in the district court. What follows is a period of 6 to 18 months during which the parties are expected to attempt reconciliation before the filing of the second motion. At the end of the cooling-off period, if the parties remain unreconciled, they can file the Second Motion, and the judge will dissolve the marriage.
If you find the answer helpful then kindly rate me.
Read a blog on How to Get a Quick Divorce?
A.You need to meet a a divorce lawyer and then discuss you case with him/her/ Then the lawyer will draft the petition and file the petition in the District/Family Court. Once the Petition is filed then summon will be sent to other party and the proceedings will start.
If you cannot afford a lawyer then you can approach the legal aid services and they will provide you a lawyer free of cost.
Read a blog on How to Get a Quick Divorce ?
Pardeep Kumar Dhiman Dhiman
Responded 2 years ago
Aap ko one years se alag hokar rah rahe ho. Aap relation ship me na ho.
Aap ko aap ke husband dawra harassment or tourture kiya gya ho.
Aap ko physical tortured kiya gya ho.
Section 13 hindu marriage act me divorce ke liye kuch adhikar diye gae hai. Unme se kishi bhi aadhar par aap divorce petition dakhil kar sakte hai. Agar in aadhar me se koi aap ke sath hua ho.
Aap mutual consent ke aadhar par bhi case file kar sakte hai.
Agar aap advocate nhi kar sakte tab aap ko. District magistrate ke idhar application deni hogi. Jis par aap ko advocate dene ke order pass kiye jainge.
Aap mahila help NGO se bhi contact kar sakte hai vah aap ki help karegi or aap ko advocate degi.
Please rate my answer
Advocate Sinjari Bandyopadhyaya
Responded 2 years ago
If your husband agrees to give you Divorce,then after atleast one year separation period from your husband as well as after return of your Streedhan as well as after settlement regarding the alimony,specifying the terms and conditions for Divorce,Joint Petition for mutual consent Divorce can be filed in the District Court under whose jurisdiction either you or your spouse resides or your marriage had been solemnized and the Decree of Divorce will be granted after adducing evidence of both of you after six months and if your husband bears the Litigation cost as well as the professional charges of your Advocate then you can't have to expend money.
Spouse having affair in her office
Sister troubled marriage, Hate, abuses and constant threats
Ex Parte - Set aside petition time limit
Divorce - After tero certificate is there any procedure left to do
Regarding divorce
