• Process and fees of legal separation

Hi. My mother is looking to file a legal separation soon. We want to know the process of it and how we should go about initiating the process . Also , we need a lawyer who'll be accommodating to our financial constraints. I can't afford lawyers at a very expensive rate I need a lawyer who'll give me the best service he can or she can give and be financially friendly to us . Please advice me on how to go about filing for a legal separation and where I can find some very good lawyers who'll be accommodating to us. I was thinking of approaching the Human Rights Law Network but I am not sure wether they'll be able to help us as they are involved with people from the most distraught sections of society. Thanks!
Asked 6 years ago in Family Law
Religion: Hindu

2 answers received in 10 minutes.

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19 Answers

HRLN will be not be accommodating private cases.

Tell me the facts of the case so that we can assist you better.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

hello,

a petition has to be filed in the family court citing grounds on which, if the court finds fit, can grant a decree of judicial separation.

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

mother can file case for judicial separation in family court

2) if she cannot afford legal fees she should approach district legal aid center

3) number of lawyers on this webiste from DElhi NCR region

4) you can contact any of them

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

you can contact lawyer through this website by seeking phone consultation

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Please note that you may represent yourself before the court and it is not manda To engage a lawyer. You may approach DLSA for Legal assistance if required.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

1. File a suit for judicial separation in family court.

2. If contested by the other party then it will be decreed on merits of the case.

You can consult through kaanoon for a better assistance according to your case.

Ruchit Dugar
Advocate, New Delhi
190 Answers

4.9 on 5.0

district legal aid center will provide lawyer for your mother if she is unable to afford legal fees

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

She can avail Servive of advocates of her choice but legal aid fee is fix.

Jugal Kishore Agrawal
Advocate, Jaipur
81 Answers

Not rated

Your mother may approach DSLA for free legal aid.

Your mother can file a petition on her own and services of lawyer are not mandatory in Family court matters, but i would advice you to hire a lawyer, as law has various complexities, which can be dealt by a lawyer only.

Feel free to call.

Siddharth Jain
Advocate, New Delhi
6303 Answers
102 Consultations

5.0 on 5.0

It is unfortunate that your parents could not lead a happy married life. There are some incidents that happen in your life and those incidents are so strong that they change your DNA. At times, despite our best efforts, life takes a turn for the worst. We may have wanted different things from life, but life’s got its own plan as well. A bad marriage is something which nobody hopes for, but at times, that’s exactly what we are given and forced to face head on. Marriages are hard. Divorces…even harder. Nobody enters marriage thinking about a divorce in the end. If some are unable to cope with the harsh realities of marriage, the only viable option in front of them is to approach the Court and seek legal separation. I have come across many cases like this.

Under Section 13-B of the Hindu Marriage Act, 1955, the parties can seek divorce by mutual consent by filing a petition before the court. Mutual consent means that both the parties agree for peaceful separation. Mutual Consent Divorce is a simple way of coming out of the marriage and dissolve it legally. Important requirement is the mutual consent of the husband & wife. There are two aspects on which Husband & Wife have to reach to consensus. One is the alimony or maintenance issues. As per Law there is no minimum or maximum limit of maintenance. It could be any figure or no figure. Next important consideration is the Child Custody. This can also be worked out effectively between the parties. Child Custody in Mutual Consent Divorce can be shared or joint or exclusive depending upon the understanding of the spouses.

Contested divorce petition can also be filed if grounds are available.

As you know not everyone has the financial capability to afford expenses incurred in legal procedures. It is not justified if justice is compromised due to the differences of ‘rich and poor’.

Your parents are eligible for free legal aid if they fall within any criteria as mentioned below-

1. Member of Scheduled Caste or Scheduled Tribe;

2. A victim of trafficking in human beings or beggar;

3. A woman or a child;

4. 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;

5. 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;

6. An industrial workman;

7. 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);

8. 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.

Your parents can visit any of the legal services authority of Delhi high court or district court.

For any clarification you can contact me.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
371 Answers
10 Consultations

4.0 on 5.0

If its by mutual divorce the cost is very low. Which court and assure its mutual, hope not contested. Going to legal aid is worse they are reluctant.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

You should hire your personal advocate.... Legal aid lawyer had already more work like this and paid through the govt... They won't b accountable to you.... However, your mom can b separated on cruelty basis and also file maintenence under section 125 crpc .... You may consult me personally ND on call ..... Consultation charges will be free for you... ND wud assure you to done your work on the best possible fees according to your financial condition .... I'm practising in Delhi high court and lower courts ...

Nishant Bhadoria
Advocate, delhi
73 Answers

4.8 on 5.0

This is my response to you:

1. Your mother can approach the legal aid center and hire a lawyer for your needs;

2. You can check here: http://dslsa.org/;

3. You can also check here: http://delhi.gov.in/wps/wcm/connect/lib_dlwb/DLWB/Home/Achievement/Free+Legal+Aid+Centre

4. Your mother can choose to argue the matter on her own as well i.e. party in person;

5. You can also file divorce proceedings, applications and also police case incase you need to.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

A lawyer can be made available to your mother if she so desires. She can also plead her case or she can appoint a lawyer as per her choice.legal aid lawyers are appointed for those who cannot afford a lawyers fee.

Regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. If she wants to separate then she has to file a petition for dissolution of marriage on the grounds available to her under Hindu Marriage Act.

2. Human Rights Commission cannot help you in any manner.

3. Lawyers come in different fee slabs, you can engage the one you can afford.

4. Only if she is able to prove that her income is below the statutory limit she will be given a lawyer but more often than not those lawyers do not take seriously the cases assigned to them,

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

She has to appoint a lawyer and send a notice and further to that make an application for judicial separation In the court of your locality jurisdiction .

Yes opt a matrimonial lawyer from their itself. Not from outside as that would be economically.

And going to district legal aid may give you lawyer but it cannot be sure how he will handle your case.

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

What do you mean by legal separation, you mean to say that she wants to divorce your father legally?

Then you can look for a lawyer from this forum also or from the bar of the place you reside

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

My email is [deleted] you can contact me privately at this.

You may choose a lawyer from this forum and take consultation from on in his terms

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

if she approaches the district legal aid centre then won't she be prohibited to hire a lawyer on her own like from here , if she approaches the centre won't she be APPOINTED a lawyer?

It is your choice to engage the services of a local lawyer or one from this forum too.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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