Divorce- Husband filed divorce case against wife Divorce- Husband filed divorce case against wife

2 years ago

Husband filed divorce case against wife but wife doesn't have money to fight the case and fee of lawyers... What should she do ?

Kishan Dutt Kalaskar

Responded 2 years ago

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A.Dear Madam,
You may hire a free Advocate the procedure is as follows:
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You need not worry. You can get free advocate from this authority. Try. Similar facility is available in every State.
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State Legal Services Authority
105, High court (PWD) Building, Fort, Mumbai - 400 032.
Tel.: 022-22691395 / 2263 1358
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Maharashtra govt increases income criteria for free legal aid
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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.
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Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
She can reach out to the District Legal Service Aid and seek the help and support of the free legal services of the lawyers who are listed with the DLSA. She will not have to pay anything to fight the case.
Also she can file a case for maintenance and get the maintenance paid by her husband.
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Anik

Responded 2 years ago

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A.Dear Client,

As per the facts mentioned,

The following options can allow a person to obtain a divorce with little to no money:

Legal Aid

The Indian Constitution has provides for a right to legal aid, under which citizens are entitled to free legal aid by the government. Free legal aid can be sought from the National Legal Services Authority (NALSA), various State Legal Services Authorities or District Legal Services Authorities, which were set up under the Legal Services Authorities Act, 1987.

Under Section 12 of the Legal Services Authorities Act, 1987, the following people are eligible for legal aid-

• member of Scheduled Caste or Scheduled Tribe;
• a victim of trafficking in human beings or beggar as referred to in Article 23 of the Constitution;
• a woman or a child;
• a person with disability as defined in Section 2(i) of the Persons With Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995;
• a person under circumstances of underserved want such as being a victim of a mass disaster, ethnic, violence, caste atrocity, flood, drought, earthquake or industrial disaster;
• an industrial workman;
• a person in custody, including custody in a protective home (Section 2(g) of the Immoral Traffic (Prevention) Act, 1956), or in a juvenile home (Section 2 (j) of the Juvenile Justice Act, 1986), or in a psychiatric hospital or psychiatric nursing home (Section 2(g) of the Mental Health Act, 1987);
• a person who receives an annual income less than rupees nine thousand or such other higher amount as may be prescribed by the State Government, if the case is before a court other than the Supreme Court, and less than rupees twelve thousand or such other higher amount as may be prescribed by the Central Government, if the case is before the Supreme Court.
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