Divorce filed under cruelty and desertion
Guest
(Querist) 16 September 2011
This query is : Resolved
Dear Experts
I filed a divorce case against my wife on cruelty and desertion grounds and My evidence is on 1st Dec, Reconcilation failed and admission/denial hearings are done already.
So far my wife has already filed 2 cases, 1 case for Section 125 in women cell claiming interim maintenance and another section 25 again for interim maintenance in the divorce courts.
She is already working for the past 6 years and earning almost same as I am earning with a difference of 15000 Rs in our monthly salaries, I being on the higher side.
I have already been paying Rs 5000 for my child school fees for the past 2 years to my wife.
I have 2 questions:
1) My lawyer had told me before the filing the divorce case about his fees i.e Rs 58000(incl stamps etc) for first 4 hearings and another Rs 58000(incl stamps etc) for all the remaining hearings in divorce.
I have already paid him Rs 116000 so far and Now he is demanding that since my wife filed another case under Section 25 for interim maintenance I should pay him another Rs 58000 as his fees.
Is this fees justified since both cases, Section 125 and Section 25 pertains to maintenance only and the judge has asked us both to produce our respective salary certificates and bank statements to prove our salaries in next hearing on 1st Dec?
2) Once my evidence completes on 1st Dec, Judge will give another date for my wife's evidence, Our case started in March,2011 filed by me and my wife is not interested to give the divorce whereas she has already taken all her gold and other household items with her after the case started.....
In lieu of the current position of my case, my lawyer told me that it will take another 6 months to get the divorce, Kindly share your experience?????
Thanking you
Advocate Rajkumarlaxman
(Expert) 16 September 2011
i think the fees are exhorbitant. on the other hand if the status claims like that then it may but still for a matrimonail cases the fees seems bit higher. just consult another lawyer in your locality or else just give the matter to another lawyer who can charge you less.
Advocate Rajkumarlaxman
(Expert) 16 September 2011
from which place do you belong to , where is the case been filed, jurisdiction of the case.
prabhakar singh
(Expert) 16 September 2011
HE IS A LAWYER?????????????OR SOME ONE ELSE???.
In my assessment his charges are exorbitant.To me it appears you have already paid him more than he should ask for all the cases.IF AT TRAIL STAGE SUCH FEES BEING CHARGED WHAT WOULD HAPPEN IN HIGH OR SUPREME COURT.
IT'S FEES DEMAND OR DOWRY??? LOOKS TO BE ANOTHER 498A FROM LAWYERS????
WHAT STAMPS OR COURT FESS EXPENSES ARE THERE IN THESE CASES,NOTHING,VERY MINOR COURT FEES ARE PRESCRIBED EVERY WHERE.
Guest
(Querist) 16 September 2011
Mr Raj Kumar Laxman Sir and Mr Prabhakar Singh Sir,
I belong to Delhi and the case is in Tis Hazari court family court, Judge Ila Rawat.
My lawyer told me that since there are 3 cases in court, 1 divorce petition filed by me and 2 petitions under Section 125 and Section 25 filed by my wife, hence he needs more money for the case.
Initially he charged me Rs 55000 as his fees and Rs 3000 for stamps and court fees expences and then again after 4 hearings he charged Rs 55000 + Rs 3000 for stamps.
Now again he is asking me for more money i.e 58000 for preparing the response to Section 25.
Kindly advise me since I am in complete mess now and you will be surprised that this lawyer is my Mother's cousin but indeed he is having 35 years of lawyers practise experience.
My next date is on 1st Dec but he is now presurrising me to pay him money by next week.
ajay sethi
(Expert) 16 September 2011
well you have negaged a senior lawyer with 35 years experience . in addition he happens to be your relative . he has already recovered over 1 lakhs fees from you and he wants additional 58,000.
you have 3 options
1) change your lawyer
2) request him to quote lumpsum amount for entire case in writing
3) request your mother to intervene as it is a family matter
Guest
(Querist) 16 September 2011
Thanks Ajay Sethi Sir, My question is whether the fees of Rs 110000 + Rs 6000 as stamp duty paid by me to the lawyer is justified?
He said that I should pay him another Rs 58000 for the 3rd case and thats final....
Rs 1,16000 paid by me already to him, My case is still in hearing and my evidence date is 1st Dec.. After that how many more hearings are required?
Kindly advise since he said that it will take another 6 months to get the divorce? Is it true....
prabhakar singh
(Expert) 16 September 2011
He charged you in manner that even if you leave him,he stands compensated for all of the cases.
why do not you consult Mr. Makkad or Mr. Ramachandran who are from your Delhi and listed as experts here. visit their profile.
i am far away in u.p.near Varanasi.
Raj Kumar Makkad
(Expert) 16 September 2011
If you desire, I can handle your entire 3 pending cases in lesser lumsum fee. You have already been looted and are being made to be looted for the third time and then fourth and then next and next.....so beware of such so-called 'relatives' and take timely action.
Guest
(Querist) 16 September 2011
Thank you Mr Makkad but according to you what is the reasonable fees for a divorce case?
I filed divorce under Desertion and cruelty grounds against my wife in Feb,11 and now in this month i.e Sept,11 my wife filed maintenance under Section 125 and Section 25 respectively.
Is the fees based on hearing basis or Lumpsum fees for the entire case? I am extremely disappointed that my lawyer had initially told before filing the case that he charges Rs 55000 + Rs 3000(Stamp Duty) for first 4 hearings and after that for any number of hearning his fees is Rs Rs 55000 + Rs 3000(Stamp Duty).
Kindly advise
prabhakar singh
(Expert) 16 September 2011
Mr. Makkad can be contacted:::
on rkm_makkad@yahoo.co.in or mehrunifhussain@gmail.com or his cell : 09416058227 & 01664257227 (LL).
Shastri J.K.
(Expert) 16 September 2011
I do agree with Expert.
Chanchal Nag Chowdhury
(Expert) 18 September 2011
I suggest that Experts should refrain from commenting on professional fees.If the client has a grievance, ha is free to approach the Bar Council of the State.
