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Procedure to file a case claiming maintenance from husband


17-Aug-2023 (In Divorce Law)
I m a married women since last 8months after 6months of marriage my husband want to divorce me and I denied so now he is not allowing me to stay in his house. Now I want to file CrPC and ask for maintenance my lawyer said his fees is 25k and every month I get maintenance out of which he will get 1k or 2k. Is it the way lawyer charges or he is taking advantage of my problems???
Answers (5)

Answer #1
910 votes
Dear Client,

Your query is not in details as the same is required to be studied thoroughly . You may seek maintenance from your husband and also arrangement for your residence.

You may contact me with all details for further advise on the matter and course of action.

Regards,

HS Verma
Advocate
Answer #2
561 votes
Dear client, on which ground your layer expecting fee of 25 thousand is difficult to say, if you're ready for divorce and your husband is already ready for divorce then he is assuming about your maintenance and which is approx.his 1/4 th of his salary plus all expenses done in marriage. If he is ready for it then no need to give such comparitively higher fee,but his terms are good for you as you to after getting mantaince meens complition of your case.you will applicable for maintenance upto your remarriage only. Possibly which takes place after 6 to 8month's which is my experience,may your present husband will change his views after 2/3 months as at present your both mothers doing unnecessary participitation after 2/3 months they come to ground and yr marriage life starts,hope so la like my views Pl. Rate me.
Answer #3
550 votes
Dear querists, as per your query the fees of the Lawyer is depends on the case and the parties to the litigation, for your kind knowledge, Lawyers do not take any advantage the clients, they earn through their fees, which is totally fine from their part.
Answer #4
739 votes
Ma'm, there are many options available for you.
Firstly, you can file for Restitution of Conjugal rights in respect of living with your husband in mean time you can file maintenance in this matter.
Secondly, you can file maintenance under CrPC for your monthly expenses as you are living seperate as your is not allowing you to live at his house.
You can get a reasonable amount of maintenance from your husband which the Honble Court feels fit for that you should hire a good Lawyer.
Answer #5
786 votes
This is my response to you:
1. If you and him have agreed that the lawyer fees will be paid in that manner then that is your mutual understanding;
2. You must speak with your lawyer regarding this;
3. If you are dissatisfied with him then you can obtain his NOC and change your lawyer.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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