- This topic has 58 replies, 26 voices, and was last updated 1 year, 3 months ago by
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YMale 32 here, Filed for divorce, no kids, marriage of under 10 months.
Lawyer told full fee in total will be 1 lakh, that I paid unfront,
Yesterday the lawyers asked me to get a DV case filed against the wife on behalf of my mother (wife has actually been abusive to her)
And asked for one lakh more,
Id like to ask, since he told me full fee was 1 lakh for divorce,
Is it fair to ask for another 1 lakh, isnt this application a part of the divorce process?
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SLawyer here, both are filed separately, divorce goes to family court, dv goes before Magistrate, so generally you will be charged for 2 separate filings
DV is not a part of divorce proceedings
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YI see but isn’t it a procedure that’s being followed to ultimately get me the divorce?
Also, if i want judicial separation, will he ask me to pay again?
My point is i was never told of these charges as such.-
SDivorce is to separate you from your wife
DV is a special provision for women to protect them from domestic violence,
your lawyer is probably filing this because either your wife has harassed your mother, or just to strengthen your divorce case by filing cross proceedings
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SThat would fall under the purview of dv, the dv proceedings are often quicker compared to the family court
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YAah, so shouldn’t he have filed DV first instead of the divorce petition?
Also, can i ask for JS on grounds of cruelty towards me (i have ample evidence)? Would this be chargeable again? -
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Byes all lawyers do but wife’s lawyer will ask wife to file 498 on husband and his parents citing in laws also filed DV
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UNAL but even if the filings would be separate, once the magistrate takes note that a divorce case has already been filed wouldn’t they transfer the case to the family court so the cases can be heard together as one?
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SNever pay full sum
Please get in writing from the lawyer the full fee and court fee and misc costs with breakup.
Refuse to pay further without having written contract.
If lawyer absconds or is rude after you ask him for his fee in writing then you can and should complain to the bar council-
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Balso don’t file case just because your lawyer said. They make clients file fake case to milk money from you
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UHow much do you want to pay… Mentally fix for a figure. Suppose 10L. Convey through your elders that you will pay 5L. Wifes side will negotiate and at last settle at your figure…
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YCan i ask for JS? Will they grant lm grounds of cruelty, if i provide evidence ? Will this be charged separately too?
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UI seriously think your advocate is not guiding you properly or he is not listening to your concerns…
And if he has not informed earlier about fees then it surely means he has mentally decided to milk you ..
And never pay to an advocate upfront . If he asked 1L you should have bargained for 50k. And only paid half the amount… Don’t be surprised if he asks you money for every hearing :…
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SDV case is a separate case and divorce is separate. Remember advocates have a tonne of tricks up their sleeves to make you fork out the money. You made the mistake of paying upfront. Hopefully it was not cash payment.
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QGood experienced advocates who have a reputation to protect will listen to you and advise the best possible way out but such advocates will charge consultation fee and inform you upfront what they will charge in lump sum OR there are advocates who are struggling to get clients at whatever cost Do your due diligence and hire a advocate carefully
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PNAL
He’s asking for payment for 2 different cases. Sounds legit.
you can ask for litigation fees while putting up the cases, but not sure if it’ll work out, your lawyer will guide you better.
Also a general question, why are you filing for divorce and not for annulment when it’s under 1 year?
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PI’m not a lawyer brother.
1. In certain cases (not sure if it applies to you) but for cases like harassment, defamation etc. you were put in a situation where you had to bear litigation fees to prove you’re innocent. So as a remedy, you can claim for that litigation amount from the other party. Check with your lawyer if there’s any chance to include that clause.
2. A marriage can be marked as void upto a year. You don’t get a divorcee tag if marriage is annulled. Considering that it’s only been 10 months, you still have that option. Chances of giving alimony is also relatively less compared to alimony in divorce. But I understand divorce case is already filed so you can’t do it anymore.
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AAdvocate here. Do NOT file a DV case. The DV Act is a quasi criminal statute primarily designed to provide maintenance, protection, and accommodation to women, especially wives. The law does not provide for punishment unless court orders are violated, nor does it allow your mother to claim maintenance from your wife. The Supreme Court has repeatedly clarified that DV proceedings are civil in nature. Filing such a case will only lead to unnecessary legal expenses without serving any real purpose.
As for evicting your wife, your legal options depend on homeownership. If the house belongs to your parents, they may file a civil suit for eviction wherein if the property is in the name of your parents, you would have to provide an alternative accommodation to your wife.
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YWas looking for this answer, thanks a lot.
PS: DV isn’t false here, she’s been very abusive towards my parents-
AIn that case, instead of filing a case under the Domestic Violence Act, you should directly file a criminal complaint under the relevant sections of the BNS if her actions constitute an offense. The DV Act is primarily civil in nature and won’t provide effective legal consequences for her abuse. However, if her actions include criminal elements like harassment, intimidation, or physical harm, a criminal case under BNS will be more appropriate.
You can also google and check which sections apply (e.g., wrongful restraint, criminal intimidation, or causing hurt etc) and proceed accordingly. This will be a stronger legal route than filing a DV case.
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KFirstly, Don’t pay lumpsum amount to any lawyers.
Secondly, consult at least 3-4 lawyers see their pay structure and deliverables. And then decide for yourself.
Thirdly, One lakh for one legal action/step is exorbitantly high fees. Your advocate might be scamming you.
You have to be very wise while choosing advocate to fight your case, as they are the one who can make or break your case. So, my personal advice is be wise and cautious while take every legal step.
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KYeah but better do your own research, yeh court kacheri ke case me, helpers se jyada lootere log hi jyada milte hai. All the best to you!
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LOP you just asked for a divorce application . You should have asked your lawyer for a divorce packages. The package sold by lawyers includes a divorce application, domestic violence application etc etc.
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SCourt is a big scam, every one is sucking men’s blood, fighting case since 21,now court ordered until clearance of maintenance arrears,mc case can’t proceed, don’t know what to do, completely blank.,men’s will not get justice for sure.
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DWithdraw Divorce case. You are attracting DV, 498A, CrPC 125, HMA 24 and other cases.
Join SIFF and learn laws first. Learn how Courts operate. Visit nearby Family Courts and JMFC Courts and spend an entire day there. Then take an informed decision.
It is common knowledge that you never get divorce by filing divorce. If you want divorce, don’t file it. It is a counterintuitive approach but it works.
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LNAL
Withdraw Divorce case. You are attracting DV, 498A, CrPC 125, HMA 24 and other cases.
Join SIFF and learn laws first. Learn how Courts operate. Visit nearby Family Courts and JMFC Courts and spend an entire day there. Then take an informed decision.
It is common knowledge that you never get divorce by filing divorce. If you want divorce, don’t file it. It is a counterintuitive approach but it works.
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