Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Simran   14 October 2017

I can't afford a lawyer but i need divorce badly

I am 38 and a mother of 2 young sons, 5 and 8 yrs. I had left my husband's house almost 7 .5 years back due to domestic violence and have been living in my father's house ever since. I am a primary school teacher and have limited earnings. But I am fully committed to bringing up my sons with love and care. My sons don't even know who their father is, because my estranged husband has never bothered to look us up or provide any support, be it financial or be it emotional. Even my marriage, which was solemnised in a temple, had never got registered. From my side my parents were witnesses, but now both of them have passed away.

I have spent the last 8 years living in limbo, without thinking about my future or my children's future. But now everyone is advising me to seek divorce. I have no clue if my husband will ever give me even one rupee. In fact he is threatening me that he will take away my children if I press for divorce. I also do no have the means to engage a lawyer.

Can someone please guide me on how I can protect myself and my children and seek divorce and maintenance without incurring a lot of legal costs? Will be really grateful.



Learning

 6 Replies

manoj   14 October 2017

You can get service from Legal Aid implies giving fee legal services  to the poor and needy who cannot afford the services of a lawyer for the conduct of a case or a legal proceeding in any court, tribunal or before an authority. This Legal Services Authorities Act was enacted in the year 1987.  I want to say you that one need not be a litigant to seek aid by means of legal aid is available to anybody on the road. The concept of seeking Justice cannot be equated with the value of money . The money plays no role in seeking Justice.

manoj

advocate

8686159292

kunal “#unconventional #Aquari   14 October 2017

pl contact state legal services authority

Vijay Raj Mahajan (Advocate)     14 October 2017

I think the divorce you seek from your husband as such may not be opposed by him but for paying you permanent alimony and maintenance will be strongly opposed by him. He will not like to share even the responsibilty of your children and provide any maintenance for them, rather if you demand that he will ask for their custody in the court but will not be going ahead even for that knowing fully well that after taking custody it becomes his financial responsibilty to provide the children.

As far seeking free legal aid from the district court is concerned, you may or may not be entitled but let me be very frank here, the free legal help you get and advocte who are engaged for the job hardly take the cases seriously as very petty sum of money is provided to them by the state government as their fees.

I will not say I can take up your case free of cost if you are based in Delhi/Gurgaon but whatever discount I can provide as a special case I can inform you. my email: vijaymahajan5758@gmail.com 

P. Venu (Advocate)     14 October 2017

The immediate question that arises is why you left your matrimonial home and if it had been due to violence from your husband, why you have been silent so far.


(Guest)

State legal services authority can help u.

Jaspal singh (practicing lawyer)     15 October 2017

Even though you are working lady , but yours children can claim maintinance from your husband through legal Gaurdian They but you can file a divorccan file a petition under section 125 Cr.pc,, even though there is long gap  in desertion and no such communication had took place between you and yours husband, still you can file divorce petition on the based of cruelty..let the reply comes from the hand o yours husband.. i think matter will be amicably setteld after reciving notice from court, matter will be settled in conciliation. you can call me  for free legal advise.

Regards

Jaspal singh (ADV)

9999987283

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register